When Marco Velazquez, a Chicago homeowner, discovered squatters living in his South Side property, he didn’t leave. Instead, he stayed the night.

“I couldn’t believe it,” Velazquez told ABC 7 News, after finding the home he was preparing to sell was already occupied. “It was like a nightmare.”

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What went down

The intruders, a woman named Shermaine Powell-Gillard and her boyfriend, Codarro, claimed they had purchased the property and even produced a mortgage document for police. But when Velazquez checked with Cook County officials, no such mortgage was on record.

To his shock, the police couldn’t help.

“The worst thing happened when police told me they couldn’t do anything. It needs to go to a civil court,” he said, indicating that Illinois law prevented officers from removing the pair without a court order, despite Velazquez holding the deed.

Determined not to let go of his home, Velazquez made an unusual choice.

“I said, ‘I’m not going to leave.’ Called a couple friends, stayed overnight and I knew they were not going to like that,” he told ABC 7’s I Team.

He, his wife and some friends camped out in the living room while the alleged squatters took one of the bedrooms.

“We stayed a whole night with them … watching the door,” Velazquez recalled.

The next morning, Velazquez was given an ultimatum.

“They were like, we want $8,000 of what we paid, so we can leave your property,” he said.

Though reluctant, Velazquez eventually negotiated a cash-for-key deal. He paid the couple $4,300 in exchange for their leaving and signing a release, as he feared what might happen otherwise.

“We didn’t want to give them money, but we heard really bad stories about squatters taking over properties for six, eight, 10 months, even a year,” he said.

Weeks later, a police detective told Velazquez that Powell-Gillard had also allegedly squatted in another home owned by Marcia and Carlton Lee. In that case, Powell-Gillard was arrested and charged with burglary, forgery, obstructing identification and criminal residential trespassing.

Powell-Gillard has denied all accusations, stating that claims she is a squatter are “false and unfounded,” and emphasized that she is “innocent until proven guilty,” says ABC 7.

The Chicago Police Department has not confirmed if they’re investigating Velazquez’s case. No one has been arrested or charged.

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Why police can’t always act — even when it’s your house

Velazquez’s case underscores a broader legal issue: why property disputes involving squatters often fall under civil — not criminal — law.

In Illinois and many other states, once someone establishes “possession” of a home, even wrongfully, it can be difficult to distinguish them from a legal tenant. That means a legal eviction process must occur before law enforcement can step in.

Under the current Illinois law, police often need clear evidence of criminal behavior, like a break-in or vandalism, to act. Like in Velazquez’s case, if the squatter presents a lease, mortgage, utility bills or other documents — whether forged or not — police typically don’t have the authority to assess authenticity on the spot.

Instead, the dispute moves to civil court, where a judge can determine rightful ownership.

But this may not be the case for much longer. ABC 7 reports that Senate Bill 1563 is working toward allowing police to remove squatters and skip the eviction process. The bill still has to be passed by the full Illinois House and would then be sent to the governor’s desk for final approval.

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