It is trespassing, but as is noted in the article it’s tough to prove.
Here’s the scenario: Bank forecloses on the property and the FB moves out ahead of the eviction notice. An enterprising squatter finds the house just after the FBs have left but before the lender’s foreclosure representative arrives to secure the premises. The squatter uses a public library internet connection to place an ad in Craigslist or the newspaper advertising the house for rent with a phone number going back to a pre-paid cell. The squatter prints off a rental agreement form off the internet and fills it out with a fake landlord’s name and some first-last-security deposit info that basically gives them 3 months worth of rent on the place.
By the time the bank’s reps finally do get around to the place, the squatter can get the utilities turned on, furniture moved in and establish themselves as just another tenant. They have a rental agreement in hand and they can portray themselves as the victim of a scam rather than as a criminal trespass. Who could prove any different and how would they go about doing it?
