Enjoy the comedy: http://www.ksla.com/story...-squatting

Good for him

$16?! WTF?!

It would be interesting to see how this turns out. I remember seeing something like this with a group of people a while back, I don't remember which state but I never found out how it turned out, if they got to stay or if the laws were somehow back written.

morningsong said:

It would be interesting to see how this turns out. I remember seeing something like this with a group of people a while back, I don't remember which state but I never found out how it turned out, if they got to stay or if the laws were somehow back written.

Generally law cannot be retroactive. There are some exceptions as I recall but this doesn't sound like it would be one.

Just read it. It is his house legally. He'll get to keep it.

The man who claimed the property put up no trespassing signs in his windows and lawn after neighbors called police on him. (Source: WFAA/CNN)

[EDITED]

Adverse possession is common law and I think every state has provisions for it. Usually it never gets to that point because someone claims possession and title. Here, the property apparently has neither.

He may not get utilities until he has possession of the house. He may not be able to sue them to provide it either. If the utlities refused I'd go to court for an injunction citing the usual circumstances.

[Edited 7/17/11 13:44pm]

Well damn lemme pull that off then. I got more money shit.

Thread title is wrong.

The man did not buy the house. Nor is he trying to buy the house.

He claiming the house through adverse possession.

He has to stay there three years and ask the court to award him the property.

thats almost at bad as the paper clip deal....

...do ya homework!!...

SUPRMAN said:

morningsong said:

It would be interesting to see how this turns out. I remember seeing something like this with a group of people a while back, I don't remember which state but I never found out how it turned out, if they got to stay or if the laws were somehow back written.

Generally law cannot be retroactive. There are some exceptions as I recall but this doesn't sound like it would be one.

Just read it. It is his house legally. He'll get to keep it.

Man claims house for $16 as neighbors accuse him of squatting

Posted: Jul 15, 2011 2:07 PM PDTUpdated: Jul 15, 2011 2:08 PM PDT

The man who claimed the property put up no trespassing signs in his windows and lawn after neighbors called police on him. (Source: WFAA/CNN)

Flower Mound, TX (WFAA/CNN) - Thanks to a little-known law in Texas, a man apparently won ownership of a house for less than $20, but neighbors aren't happy with his deal and are trying to get him out.

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? He just squats there," neighbor Leigh Lowrie said.

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, and that person was Kenneth Robinson who said he's not squatter.

He said he moved in on June 17th 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. It's just not known to everybody," he said.

Robinson said a piece of paper gives him rights to the house. It's an online form he printed out and filed at the Denton County Courthouse for $16.

It says the house is abandoned and he's claiming ownership.

"I went through and added some things here for my own protection," he said.

The house is virtually empty with just a few pieces of furniture and has 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 said he believes neither is likely.

So if he stays in the house, after three years he can ask the court for a title, which he said is his eventual goal.

[EDITED]

Adverse possession is common law and I think every state has provisions for it. Usually it never gets to that point because someone claims possession and title. Here, the property apparently has neither.

He may not get utilities until he has possession of the house. He may not be able to sue them to provide it either. If the utlities refused I'd go to court for an injunction citing the usual circumstances.

[Edited 7/17/11 13:44pm]

Okay. Some how I'm not reading it's a done deal, but that there are steps that can be taken just that they are not likely and if, certain things are done the he'll be able to, what other varibles are possible? It still would be interesting to get the conclusion of this because we all know that fight ain't over

wow, does he have to kill three people or sum...hell no!!!

morningsong said:

SUPRMAN said:

Generally law cannot be retroactive. There are some exceptions as I recall but this doesn't sound like it would be one.

Just read it. It is his house legally. He'll get to keep it.

Man claims house for $16 as neighbors accuse him of squatting

Posted: Jul 15, 2011 2:07 PM PDTUpdated: Jul 15, 2011 2:08 PM PDT

The man who claimed the property put up no trespassing signs in his windows and lawn after neighbors called police on him. (Source: WFAA/CNN)

Flower Mound, TX (WFAA/CNN) - Thanks to a little-known law in Texas, a man apparently won ownership of a house for less than $20, but neighbors aren't happy with his deal and are trying to get him out.

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? He just squats there," neighbor Leigh Lowrie said.

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, and that person was Kenneth Robinson who said he's not squatter.

He said he moved in on June 17th 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. It's just not known to everybody," he said.

Robinson said a piece of paper gives him rights to the house. It's an online form he printed out and filed at the Denton County Courthouse for $16.

It says the house is abandoned and he's claiming ownership.

"I went through and added some things here for my own protection," he said.

The house is virtually empty with just a few pieces of furniture and has 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 said he believes neither is likely.

So if he stays in the house, after three years he can ask the court for a title, which he said is his eventual goal.

[EDITED]

Adverse possession is common law and I think every state has provisions for it. Usually it never gets to that point because someone claims possession and title. Here, the property apparently has neither.

He may not get utilities until he has possession of the house. He may not be able to sue them to provide it either. If the utlities refused I'd go to court for an injunction citing the usual circumstances.

[Edited 7/17/11 13:44pm]

Okay. Some how I'm not reading it's a done deal, but that there are steps that can be taken just that they are not likely and if, certain things are done the he'll be able to, what other varibles are possible? It still would be interesting to get the conclusion of this because we all know that fight ain't over

It's not a done deal.

The original owner can show up and throw him out. But that would require to renegotiate the mortgage or pay off lien to reassert his possession. The owner doesn't need to new mortgage to re-establish his claim he just can't enforce the claim until he again has title to the property.

The guy who moved into the house by filing his intent to claim by adverse possession has to live there for three years. He also has to represent the property as his (his official address) pay all taxes on the property (even though he doesn't yet legally own it) and maintain it as his. After three years if no one has shown up with a stronger claim to the property, the court clears the title to the property by awarding him a new, clear title.

The mortgage company's assets could have been sold to an entity that may have a claim. The bank who made the mortgage loan may have a claim. The state could have a lien on the property for back taxes and may claim the property and null his adverse possession by selling it at auction.

ionno, if i were rich and had it to spare i would probably turn my head, esp with children, old people and the like...but if he in there raising hell and tearing up shyt, and being a general ass........ya know???

If I lived in that neighborhood I'd be hot too. They can use the HOA to get him out.

myfavorite said:

ionno, if i were rich and had it to spare i would probably turn my head, esp with children, old people and the like...but if he in there raising hell and tearing up shyt, and being a general ass........ya know???

do what? I do not think he is damaging the property. I suspect he is just hanging out. Keep in mind he still has to maintain the property in accordance with all city codes.

People are just mad that they did not think about it first.

SCNDLS said:

If I lived in that neighborhood I'd be hot too. They can use the HOA to get him out.

Not sure they can. He can simply start paying any HOA fees.

They can't use the HOA to bar his claim of adverse possession.

It's very hard to evict someone out of a home in Texas (where it's stereotypically always fine to just shoot first and protect your right to own your home).

I know this from personal experience when meth-heads squatted in a condo in my complex. There were up to 8-10 people squatting there, and they would fist fight, and get crazy, and even kicked out a window. There's all kinds of foot traffic of odd visitors, scaling the security walls, falling down and bleeding, and not even knowing it. It took foreclosure and then months and months later for the bank to legally send two police vans to get them all out. And it was quick! All their stuff was there for months after... with the lights on. It was like a still life exhibit of the home of the meth heads. You could stand in look in the windows.

Until that point, they were "guests" who had rights, and you can believe no HOA fees were being paid for over a year!

SUPRMAN said:

SCNDLS said:

If I lived in that neighborhood I'd be hot too. They can use the HOA to get him out.

Not sure they can. He can simply start paying any HOA fees.

They can't use the HOA to bar his claim of adverse possession.

They could ask him to pay back HOA dues or change the bylaws requiring all kindsa stuff and the minute he doesn't pay or comply they can start racking up extra fees. He doesn't look like he's rolling in dough and some HOA fees are $1000 a year or more. And if you don't comply the HOA can take your house.

ufoclub said:

It's very hard to evict someone out of a home in Texas (where it's stereotypically always fine to just shoot first and protect your right to own your home).

I know this from personal experience when meth-heads squatted in a condo in my complex. There were up to 8-10 people squatting there, and they would fist fight, and get crazy, and even kicked out a window. There's all kinds of foot traffic of odd visitors, scaling the security walls, falling down and bleeding, and not even knowing it. It took foreclosure and then months and months later for the bank to legally send two police vans to get them all out. And it was quick! All their stuff was there for months after... with the lights on. It was like a still life exhibit of the home of the meth heads. You could stand in look in the windows.

Until that point, they were "guests" who had rights, and you can believe no HOA fees were being paid for over a year!

Renting is different than owning and you can kick out renters pretty easily by going to the courts, I've done it.

But when you're dealing with a mortgage, it can take up to a year or more.

SCNDLS said:

SUPRMAN said:

Not sure they can. He can simply start paying any HOA fees.

They can't use the HOA to bar his claim of adverse possession.

They could ask him to pay back HOA dues or change the bylaws requiring all kindsa stuff and the minute he doesn't pay or comply they can start racking up extra fees. He doesn't look like he's rolling in dough and some HOA fees are $1000 a year or more. And if you don't comply the HOA can take your house.

But the house isn't his yet.

So there is the legal question of his obligation to the HOA.

Since he isn't paying a rent or mortgage he can pay the HOA fees.

I don't think they can ask for back HOA fees, he's clearly not responsible for what occured before he claimed the property.

Their best bet there is to attach a lien to the property. It may be an issue if there is no existing HOA lien as they were on notice that the fees were not being paid.

A lien would not require knowing who the owner of the property was I don't think either.

SCNDLS said:

ufoclub said:

It's very hard to evict someone out of a home in Texas (where it's stereotypically always fine to just shoot first and protect your right to own your home).

I know this from personal experience when meth-heads squatted in a condo in my complex. There were up to 8-10 people squatting there, and they would fist fight, and get crazy, and even kicked out a window. There's all kinds of foot traffic of odd visitors, scaling the security walls, falling down and bleeding, and not even knowing it. It took foreclosure and then months and months later for the bank to legally send two police vans to get them all out. And it was quick! All their stuff was there for months after... with the lights on. It was like a still life exhibit of the home of the meth heads. You could stand in look in the windows.

Until that point, they were "guests" who had rights, and you can believe no HOA fees were being paid for over a year!

Renting is different than owning and you can kick out renters pretty easily by going to the courts, I've done it.

But when you're dealing with a mortgage, it can take up to a year or more.

there's no renters in either case though, the recent article, or my meth head experience.

SCNDLS said:

If I lived in that neighborhood I'd be hot too. They can use the HOA to get him out.

I think they might be able to. From what I gather they now a days retain an easement or actually own part of the property. Even if he pays the fees he may still have to be approved in accordance with the HOA bylaws.

SCNDLS said:

If I lived in that neighborhood I'd be hot too. They can use the HOA to get him out.

That's what I see, the neighbors pressuring their HOA to get lawyers to find somekind of loophole somewhere to get him out of there, just like he found some rare loophole to let him stay there in the first place. I can see them dotting every "i" and crossing every "t" if need be.

ufoclub said:

It's very hard to evict someone out of a home in Texas (where it's stereotypically always fine to just shoot first and protect your right to own your home).

I know this from personal experience when meth-heads squatted in a condo in my complex. There were up to 8-10 people squatting there, and they would fist fight, and get crazy, and even kicked out a window. There's all kinds of foot traffic of odd visitors, scaling the security walls, falling down and bleeding, and not even knowing it. It took foreclosure and then months and months later for the bank to legally send two police vans to get them all out. And it was quick! All their stuff was there for months after... with the lights on. It was like a still life exhibit of the home of the meth heads. You could stand in look in the windows.

Until that point, they were "guests" who had rights, and you can believe no HOA fees were being paid for over a year!

Texas is a homestead state which is why evictions are difficult. If it's your primary residence, Texas gives you much more protection than say, California or New York.

The idea is that your home is your castle and you need a roof.

OnlyNDaUsa said:

SCNDLS said:

If I lived in that neighborhood I'd be hot too. They can use the HOA to get him out.

I think they might be able to. From what I gather they now a days retain an easement or actually own part of the property. Even if he pays the fees he may still have to be approved in accordance with the HOA bylaws.

I don't think they can use the HOA to evict someone claiming adverse possession. He is not yet in a position where he owes HOA dues as he presently does not own the property.

Any HOA fees due are the responsibility of the property owner, who has walked away.

Without a lien existing before he claimed adverse possession I don't know how the HOA can operate to deprive him of the residence or force him to pay HOA fees, although as part of his claim for adverse possession he should offer to start paying HOA fees which could be held in trust until the ownership issue of the property is settled.

morningsong said:

SCNDLS said:

If I lived in that neighborhood I'd be hot too. They can use the HOA to get him out.

That's what I see, the neighbors pressuring their HOA to get lawyers to find somekind of loophole somewhere to get him out of there, just like he found some rare loophole to let him stay there in the first place. I can see them dotting every "i" and crossing every "t" if need be.

They won't find a loophole. They could find the original owner and assist him in paying the mortgage to reclaim title, but other than that, an HOA doesn't have the authority to void an adverse possession claim.

SUPRMAN said:

OnlyNDaUsa said:

SUPRMAN said:

They won't find a loophole. They could find the original owner and assist him in paying the mortgage to reclaim title, but other than that, an HOA doesn't have the authority to void an adverse possession claim.

They might if they hold some kind of lien on the property. Being a member of the HOA may be tied to the deed. That was how it was put to me. A house I was looking at had an HOA but had some tie or claim on the property. Now that may have been what the broker told me...and you had to deal directly with the HOA to buy or sell. He may get it free and clear. And he might get to keep it with out following the HOA.

If that's the case then he doesn't have to pay the HOA fees until he has clear title. He doesn't yet hold the deed and the HOA obviously doesn't own the property or have a property interest as that would defeat his adverse possession claim. They also aren't holding a lien on the property as that would have been something he would have known before claiming adverse possession. A lien is for obvious reasons a public record attached to the property. There is no value in hiding a lien.