Okay, so this is crazy:
Okay, so this is crazy:
All those uppty-ups are pissed that the dude did some research and found a loophole in the law... I say good for him!
Corporations do this everyday and the cost of them doing such things causes massive damage to the economy, environment and employees/consumers... so I don't see the big deal of some guy getting a house with a loophole.
Racist! (For legit, this time).
Last edited by AirMoore; 08-06-2011 at 11:54 PM.
Smart guy ! Everyone is just pissed he got a huge house for 16.00 ..LOL
This man actually isn't as bright as he seems. Texas law says Adverse Possession takes three (3) to twenty-five (25) years... If he manages to meet that occupancy for a statutory period of time, he still needs to show
productive use of the land to be rewarded; additionally, Adverse possession penalizes the unproductive owner who sleeps on his rights... Not only that the possession must be due to adverse circumstances. I researched it, so I will explain as best I can (I am not a lawyer):
How Adverse Possession really works is a way to acquire legal title to real property after physically occupying it for a period of time long enough to meet legal requirements without consent of the title holder due to an adverse (mistaken) possession of the property. A good example is a homeowner fences in his/her yard with a poorly done property survey that has some unknown error in it... The fence is wrong and the survey is wrong! Another, adjacent purchaser (neighbor) buys the land and builds a home next to this neighbor's property. This neighbor builds a garage and a workshop on what he believes to be his land (mistaken possession, makes improvements)... and this goes on for say 30 years with nobody catching the mistake! Now, a big business moves in and decides to build an apartment-complex buying the first owner out of his home then does a new property survey catching the error! Ooops!!!
If the neighbor who built the garage and workshop meets the statutory requirements, he or she can have a lawyer file Adverse Possession... and keep the land and even get the title. The catch is there MUST be a bonafide mistaken/adverse possession. Perhaps that neighbor with the garage and the workshop runs a business and his livelihood is at stake, and it has been like this for 30 years!!! He has a very strong case in court to end up with the permanent title for the property with his garage and workshop he thought he had all along.
There is no hostile take-over possession law... That's just trespassing.
This is no different than if you go on vacation, come back, and someone is living in your house and filed "Adverse Possession" with the court. It doesn't make your house their house even if you don't come back from vacation for 3+ years because this is not "Adverse"... it is "deliberate." This man is refusing to leave because he thinks if he stays long enough he will be able to meet the time requirement. All he has done in court is to write a motion they are going to ignore (besides, they don't want to give him a house when the judge had to buy his own). Not only that, now the Bank (true owner) has proof of when this man illegally trespassed and did breaking/entering due to a court record filed without knowledge of the law.
The Obvious solution is for the bank to evict him! Simply file a no-trespassing order against him! May as well file a Motion re-affirming they are the title owner and this man is NOT allowed on the property long before he meets any statutory requirements for how long he lived there... This would just go to further their case against him if he ever files claim to the property in court. Once they have a court record proving their ownership and that they don't want him around, send the donut patrol to remove him.
The bank can also address the problem claiming that they don't recognize this "Adverse Possession" and that the man is deliberately trespassing... though they shouldn't need too fight something that is null/void. They can even press charges.
One thing for sure is that the correct course of action is a timely one pursuant to law... Better to immediately file challenge than to wait 3+ years and have to argue whether it was adverse, the definition of adverse, if he made any land improvements... How it is harassment, racist... and whatever else an attorney can throw in the mix... just make an immediate record with the court and the police the man can't be there! Done!
He won't win this one... He says they need to take him to court if they want to evict him; not true! They have the title and don't need to send an eviction notice... they need to send a trespassing notice and have him removed by force as a criminal (to be evicted you must have had legal right to be somewhere, which was your home).
If it were my property, this man would be out on the street or in jail... or somewhere else other than in my home!!
Last edited by NETWizz; 08-07-2011 at 12:58 AM.
Aw, come on, he even bolded the important stuff. :P
The only way this could work under Texas law almost for sure would be if the man owned the sub-division, had some reason to believe that property was his & the house was abandoned... i.e. a property survey that is erroneous...
Then, he would need to make improvements like add an addition, and have something adverse happen if he lost the property i.e. a family living there for many years would be homeless...
Even then, he would need a lawyer to get the title after the mistake was uncovered... He would have to sneak in under-the-radar and nobody do anything about it for 3 to 25 years! In three, I doubt a court would side with him though he would have a case. In twenty-five, not only would he have a case, he would probably win.
Did anyone else notice that he spelled affidavit wrong on his paperwork "downloaded from the internet"? lol...
I don't know how home ownership works down there (nor is it in my interest) but as far as I can see, he has a signed court order permitting him to live in the house. A court order is higher than any action a police officer or anyone else, can really take.
While I can see how neighbors are jealous (not pissed off, not "wanting the community to be better"...they're simply jealous) I don't really see any action taking place with this. It doesn't benefit anyone by kicking him out of the community, so if someone actually hired a lawyer to do so I think they're just wasting their own time and money. While his house and lawn don't look spectacular, they're not run-down and trashy either. His living there doesn't seem to be degrading the community or anything...so long as he keeps up his property.
Last thing - the one neighbor in the video said he should just buy the house if he wants to live there. If the mortgage company is gone, who would he really buy the house from? There's no company around to claim ownership of the house and sell it, so there's no one to buy it from either.
While the courts take their time to hear the case, he lives in the place. A friend has been through that. I wanted to beat the crap out of the trespasser that was in the house, but he said leave him alone. We told him to leave and never come back. As soon as we turned the corner of the street, guess who was walking back to the house? And he was using the f'ing AC too! Just glad it wasn't my house. He might have learned why people go postal.
It is called entitlement... People like this feel they are entitled to live in a house like that free of charge, yet everybody else in this world has to bust their butt to pay their mortgage. I am all for Adverse Possession done the right way (not this way).