Posted August 1, 2012 by Daily Mail
Danya and Troy Donovan had secured a ruling from a judge in Arapahoe County to evict Veronica Fernandez-Beleta and Jose Rafael Leyva-Caraveo from their home, which the squatting couple had been occupying for eight months.
However, by filing for bankruptcy, the squatters managed to halt a forced eviction the Donovan’s had secured which was due to take place last week.
‘The sheriff’s office will not proceed with an eviction if there is a bankruptcy in question.’ said Arapahoe County Undersheriff David Walcher to a local CBS television station.
Last August, the Donovan’s moved out of their home to travel to Indiana with their two children.
Unemployed at the time and two months behind on their mortgage payments, the Donovan’s left their home of 13 years behind, locked and prepared for the brutal Colorado winter.
In March of this year, Danya Donovan claims that she had a ‘premonition’ that something was wrong with her home and upon calling a neighbour discovered that someone had indeed moved into their home.
Returning home to evict the squatters immediately, the couple called the police who arrived at the Littleton home to discover Fernandez-Beleta and Leyva-Caraveo claiming an affidavit proving ‘adverse possession’ of the property.
This is a Colorado law which states that adverse possessors who stake their claim to a piece of land for 18 years without any dispute can become the owners of that property.
The reason why the squatters did not see the need to flee was because they thought they had legally bought the property.
They were sold a deed of adverse possession by Alfonso Carillo.
Carillo, a real estate agent whose license has now been revoked, sold the couple the deed for $5,000.
Carillo has been connected to a number of similar cases, as CBS 4 discovered through court documents regarding the other homes, as the Donovan case is the latest in a long trend in Colorado.
He is now charged with criminal fraud and apparently focused his attention on targets who only spoke Spanish.
With the news of the latest setback in their quest to gain possession of their home of nearly 15 years, the Donovan’s were despondent.
‘It’s frustrating. It’s just one thing after another, after another,’ Danya Donovan told ABC News. “
‘We’ve lost two months’ time. It has been an absolute living nightmare and an emotional roller coaster.’ (read more)