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Man Returns From Hospital To Find His House 'Stolen'

AURORA, Colo. (CBS4) - Larry Asbery, 58, was hospitalized for liver problems. He almost died while he was in the hospital after his kidneys also failed.

"They told them I was going to kick the bucket," Asbery said. "But I fooled them."

He eventually got better and returned to his home on 1769 Hanover Street in Aurora only to find strangers living inside, claiming they have legally rented it. Now, he's unable to live in his home and lives with his daughter.

While he was hospitalized his family, still not sure whether or not he would make it, moved some his furniture and belongings to his daughter's home and a storage room. A few furnishings remain at his Hanover Street house.

Asbery holds dear memories of his home. He points out his family's handprints and initials on his sidewalk when they moved in 16 years ago.

"It's been a challenge," Asbery said.

A person inside the house told CBS4 a man named Jorge was in charge of renting out the house. As soon as Jorge stepped out of the house next door and saw CBS4 he turned back inside and shut the door. After approaching his door and calling that house's phone number, he declined to comment.

"This is what I run into all the time," Asbery said. "I can't get anywhere."

Asbery and Hanover Street neighbors have contacted Aurora police numerous times, but were told there was nothing the department can do, saying it's a civil matter.

"The police officer told me with my paperwork, it's my house, but I am not allowed to go in there because they are occupying the house at the time," Asbery said.

A lady who was visiting the house next door told CBS4 she understood the home belongs to a woman named Selena.

"As far as I know, she lives in Nebraska. She owns this house," she said.

Larry Asbery
Larry Asbery talks with CBS4 Investigator Rick Sallinger (credit: CBS)

After calling Selena, she referred CBS4 to a man named Alfonso Carrillo, whose business is listed as America's Home Retention Services in Lakewood. According to Ken Barrows, attorney for Colorado Legal Services representing Asbery, the people living in Asbery's home say they had signed a lease with a realtor from Carrillo's business. Both CBS4 and Barrows have been unable to obtain a copy of that lease.

"The lease is completely invalid," Barrows said. "The one making the lease had no authority to do so because Mr. Asbery still owns the home."

CBS4 made an appointment to meet with Carrillo at his office, but he didn't show up. A sign outside his door stated he was gone for the holidays. By phone he told CBS4 he had no comment and has hired an attorney.

"I need to get moved back into my house, get my cat, get things settled in and stuff like that. And this is killing me," Asbery said.

Records show Asbery still owns the house. CBS4 verified with Adams County authorities that all paperwork that was examined indicate Asbery is the rightful owner.

"Colorado law is pretty clear that the people in his home have no right to stay in that home," Barrows said.

The next step for Asbery appears to be going to court to obtain an order for eviction.

"To have to drag it through court and all this other stuff, it's stupid," Asbery said. "It's a waste of time,"

- Written by Young Kim for CBSDenver.com

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