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Man may be able to claim a $300,000 abandoned home for a $16.00 filing fee under Texa

Discussion in 'BBS Hangout' started by smoove shoez, Jul 15, 2011.

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  1. smoove shoez

    smoove shoez Member

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    A little-known Texas law and a foreclosure could have a man in Flower Mound living on easy street.

    Flower Mound's Waterford Drive is lined with well-manicured $300,000 homes. So, when a new neighbor moved in without the usual sale, mortgage-paying homeowners had a few questions.

    "What paperwork is it and how is it legally binding if he doesn't legally own the house?" said Leigh Lowrie, a neighboring resident. "He just squats there."

    Lowrie and her husband said the house down the street was in foreclosure for more than a year and the owner walked away. Then, the mortgage company went out of business.

    Apparently, that opened the door for someone to take advantage of the situation. But, Kenneth Robinson said he's no squatter. He said he moved in on June 17 after months of research about a Texas law called "adverse possession."

    "This is not a normal process, but it is not a process that is not known," he said. "It's just not known to everybody."

    He says an online form he printed out and filed at the Denton County courthouse for $16 gave him rights to the house. The paper says the house was abandoned and he's claiming ownership.

    "I added some things here for my own protection," Robinson said.

    The house is virtually empty, with just a few pieces of furniture. There is no running water or electricity.

    But, Robinson said just by setting up camp in the living room, Texas law gives him exclusive negotiating rights with the original owner. If the owner wants him out, he would have to pay off his massive mortgage debt and the bank would have to file a complicated lawsuit.

    Robinson believes because of the cost, neither is likely. The law says if he stays in the house, after three years he can ask the court for the title.

    He told News 8 his goal is to eventually have the title of the home and be named the legal owner of the home.

    "Absolutely," he said. "I want to be owner of record. At this point, because I possess it, I am the owner."

    Robinson posted "no trespassing" signs after neighbors asked police to arrest him for breaking in.

    Flower mound officers say they can't remove him from the property because home ownership is a civil matter, not criminal.

    Lowrie and her neighbors continue to look for legal ways to get him out. They are talking to the mortgage company, real estate agents and attorneys. They're convinced he broke into the house to take possession, but Robinson told News 8 he found a key and he gained access legally.

    "If he wants the house, buy the house like everyone else had to," Lowrie said. "Get the money, buy the house."

    Robinson said he's not buying anything. As far as he''s concerned, the $330,000 house is already his and he has the paperwork to prove it.

    http://www.khou.com/news/125627758.html
     
    #1 smoove shoez, Jul 15, 2011
  2. rhadamanthus

    rhadamanthus Contributing Member

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    [​IMG]
     
    #2 rhadamanthus, Jul 15, 2011
  3. SacTown

    SacTown Member

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    Neighbors are jealous/haters.
     
    #3 SacTown, Jul 15, 2011
  4. theimpossibles1

    theimpossibles1 Member

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    [​IMG]
     
    #4 theimpossibles1, Jul 15, 2011
  5. sbyang

    sbyang Member

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    Why do the neighbors care? Is this guy some kind of bum or something? Seems like a pretty intelligent bum if he is a bum.
     
    #5 sbyang, Jul 15, 2011
  6. DaDakota

    DaDakota If you want to know, just ask!

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    Pretty slick move, if you ask me.

    I had a friend who was a surveyor, he was doing some survey work in south texas and ran across 600 unclaimed acres between two properties, he got it using some old 1800s law...for basically nothing.

    Now it is his hunting ranch.....

    DD
     
    #6 DaDakota, Jul 15, 2011
  7. BetterThanI

    BetterThanI Contributing Member

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    Maybe some lawyers on the board can correct me if I'm wrong, but in order to be accused of Breaking and Entering, the owner of the property has to press charges, correct? Well, if the home is abandoned and has no owner, is it still B&E? Illegal trespass?

    It's interesting what's happening here. If the home is owned by a mortgage company, but that company goes belly up, I would imagine that the property transfers to the company that purchased the now-defunct mortgage company's assets. Not that hard to trace, I would imagine.

    Now if the mortgage company didn't sell off any assets, that seems a bit murkier. I would imagine the state can place a lien against the property for any tax debts, etc., but beyond that, his claim to ownership seems sound.
     
    #7 BetterThanI, Jul 15, 2011
  8. JayZ750

    JayZ750 Contributing Member

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    My thoughts exactly. The article does a poor job of explaining the actual law.

    Refers to orginal owner, but that would seem a difficult definition to have in a law, as what does that mean. One would think it would just read owner, there should be a owner out there - maybe they haven't worked through the paperwork yet, but if they do within the 3 year window, you would think whomever the new owner (i.e. entity that acquired the assets of the out of business mortgage company) is will try to monetize their asset in some way, at some point.
     
    #8 JayZ750, Jul 15, 2011
  9. Xsatyr

    Xsatyr Member

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    He is going to have to paxes on the property as well as the backed up taxes. Usually the state of Texas requires you to be there for five years.
     
    #9 Xsatyr, Jul 15, 2011
  10. Xsatyr

    Xsatyr Member

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    fixed
     
    #10 Xsatyr, Jul 15, 2011
  11. Xsatyr

    Xsatyr Member

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    There is over a million acres in the state of Texas that is unclaimed.
     
    #11 Xsatyr, Jul 15, 2011
  12. macalu

    macalu Contributing Member

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    why do people care about how much someone paid for something? Unless he's an unruly neighbor that makes noises in the middle of the night or throws trash in the front yard, I don't see the issue. If he's mowing the lawn and cutting the weeds, that should be a good thing.
     
    #12 macalu, Jul 15, 2011
  13. Rocket River

    Rocket River Member

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    And anyone can just. . . claim it?
    Serious question. . . . This is an interesting topic


    Rocket River
     
    #13 Rocket River, Jul 15, 2011
  14. Xsatyr

    Xsatyr Member

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    Through adverse possesion it is possible bc the state wants you to pay taxes on the property. These are rural areas with rough terrain with no roads in sight. Most of this unclaimed land is in west Texas so the possibilites for the land in limited.
     
    #14 Xsatyr, Jul 15, 2011
  15. Xsatyr

    Xsatyr Member

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    edited myself is getting annoying...
     
    #15 Xsatyr, Jul 15, 2011
  16. Xsatyr

    Xsatyr Member

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    ^ editing...

    Most people would let this stuff go but I am very compulsive. It annoys the hell out of me!
     
    #16 Xsatyr, Jul 15, 2011
  17. thadeus

    thadeus Contributing Member

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    Try the using the tip jar.
     
    #17 thadeus, Jul 15, 2011
  18. Xsatyr

    Xsatyr Member

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    I did yesterday, I barely found out about it.
     
    #18 Xsatyr, Jul 15, 2011
  19. thadeus

    thadeus Contributing Member

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    Yeah ... I just had to search for it myself.
     
    #19 thadeus, Jul 15, 2011
  20. Xsatyr

    Xsatyr Member

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    Dude I barely found out I could even change the skin to this site.

    http://bbs.clutchfans.net/showthread.php?t=206867&page=2

    I been registered since 2009 but I barely starting posting this year. I usually post at ISH since it has a wide range of posters.
     
    #20 Xsatyr, Jul 15, 2011
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