Georgia state representative says laws unfairly favor home squatters
ATLANTA - A house squatter versus the homeowner: It was a dramatic scene caught on camera by the Fox 5 I-Team. It highlights how police and the court system are struggling to be on the side of legitimate homeowners - people whose houses are overrun by intruders.
Georgia Rep. Kim Schofield, D - Atlanta, was infuriated by what our investigation revealed.
"When I saw this story, I said, I have to do something immediately now. It's urgent."
This is what Fulton County Representative Kim Schofield saw. Tucker homeowner Ronan McCabe locked out of his own property.
ORIGINAL STORY: Police no help in removing squatters, sex offender allowed to stay
"This is my home," he told us pointing to his house which he couldn't enter. "And there's somebody in there, an intruder in there, intruders, who I do not know."
Squatters took over his corner lot home that he had for sale. The locks were changed. He called police. They came out twice.
"Gwinnett County police are saying there is nothing they can do," he said clearly frustrated.
The real homeowner's realtor was taking down the "for sale" sign on the home closing date when he noticed strangers had changed the locks and moved in.
Ronan McCabe told us what he told police, "They have no contract. No agreement with me."
They are not renters, but still police said he'd have to take them to court to get them out. The man inside calling himself Raymond Cortez offered this: He'd leave, but for a price.
"They want me to pay them to leave my home. That's scandalous," McCabe said.
Representative Schofield calls this extortion.
"They're trying to tell him, I'll leave but you gotta pay me to leave. Are you kidding me?"
With police unable to help, Ronan McCabe called the Fox 5 I-Team. We met him on the street outside his home. Immediately, texts started coming from inside the Tucker house.
McCabe read out loud what the squatters had to say.
"I’m calling the cops. I’m with my attorney drawing up a lawsuit."
The squatter was so confident that he did call the police on us. But here's where the events took a turn in the real homeowner's favor. surprising him, us, the man in the house, even Gwinnett PD.
The home was being surveiled by US Marshals. The real name of the man inside was Ramon Fuertes III. He's a convicted child sex trafficker.
He was wanted for failure to report as a sex offender. He was arrested for that, but not for being a squatter. The woman inside, who told police she was his wife, was finally ordered on the third police visit to leave or be charged with criminal trespass.
But, why did it take three visits from police and an explosive street-side scene for this to happen? I mean, the folks inside couldn't prove they had a lease with Mr. McCabe. The utilities were still in the homeowner's name.
Unlike authorities, the water company was quick to step in and help. While we were there, a utility worker arrived and put a lock on the water meter.
But the police? They shifted the responsibility to the backlogged court system.
"Dana, these are outdated laws. If you really look at it, that are protecting the wrong group," said the Fulton County Democratic representative. "I mean, this makes no sense."
The Fox 5 I-Team has reached out repeatedly to the Gwinnett Co. Police Department to talk to us about how the law works. We were told "Regretfully, we have other obligations."
But Rep. Schofield has plenty to offer.
"Why are we empowering scammers and squatters to milk the system," she asked? "Come on, Georgia. We gotta be better than this."
She says she is right now trying to help a constituent with a similar situation, but the law simply is not on the homeowner's side. She says it's vague and the system - the police, the courts - are overwhelmed.
"The Georgia laws have to get tighter. We have to do a better job of looking at these policies in this legislation which we will be doing in the upcoming session."
Ronan McCabe, after making repairs to the home caused by the squatters, was able to sell his house.