Andre Barbosa, Boca Raton mansion squatter, uses adverse possession to live in $2.5 million home

Police cannot make arrest, civil matter

BOCA RATON, Fla. - A 23-year-old man in Boca Raton is trying to snag a $2.5 million mansion for free. The Brazilian national moved into the foreclosed home at 580 Golden Harbour Drive and since he has filed an "adverse possession claim," his squatting is not against the law.

"He's a squatter and that could pull a neighborhood down faster than anything," said Ellen Sagawa, a neighbor who lives a few housing down from the controversial home.

It is a house few should be so lucky to call their own. The property has vaulted ceilings, five bedroom and is perched right on the water.

Sagawa cannot believe Andre De Paula Barbosa can legally move into the mansion.

Using an "adverse possession claim" Barbosa can not only sleep inside, but if he pays the bills and the taxes, in seven years he could own it.

"It isn't criminal. At this point it's a civil matter between the owner of the property, who is bank of America, and the people who are occupying it right now," said Officer Sandra Boonenberg of the Boca Raton Police Department.

WPTV NewsChannel 5 reached out to Bank of America who sent the following statement:

"We have been in communication with the Boca Raton Police Department regarding the concerns with the occupants of 580 Golden Harbour Drive. There is a certain legal process we are required by law to follow and we have filed the appropriate action. The bank is taking this situation seriously and we will work diligently to resolve this matter."

No one answered the door when NewsChannel 5 knocked and when someone pulled into the driveway with covered plates, they sped away.

Neighbors have a message for their unwelcome guest.

"Find a different house. Find a cheaper house. Don't ruin this neighborhood," said Sagawa.

Officers hands are tied in the matter because Barbosa filed the "adverse possession form."

According to the county, six others have also filed similar paperwork for other properties in Palm Beach County just 24 days into 2013.

"The rules are the rules. The rules to foreclose on a multi-million dollar house are the same to foreclose on a $20,000 condo," said Shari Olefson, a real estate lawyer.

Olefson said "adverse possession" was created to help farmers use abandoned land. This latest use on a $2.5 million mansion is a use she expects to grow.

The county said 13 claims were filed in 2011. In 2012, 19 claims for adverse possession were filed. Just days into 2013, six claims have already been filed.

"One of the patterns we've seen is that the people w ho do it, tend to do it on multiple properties and over and over again," said Olefson.

As long as Barbosa pays all the bills and taxes, the home could be his is seven years if they bank does not step forward.

"This is not the proper use. This is a mockery and we need to clean it up in Tallahassee," said Maria Sachs, Florida Senate District 34.

Sachs voted on 2011 on a bill that attempted to tighten "adverse possession." She said where it falls short is in holding the banks responsible.

"They need to be motivated to move these vacant and abandoned properties so families can move into and fuel our real estate," said Sachs.

Calls and emails from WPTV NewsChannel 5 to Barbosa have yet to be returned.

Investigative Producer Lynn Walsh contributed to this story.
 

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