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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.
Originally posted by Vitchilo
Awesome. I wonder if other states have this kind of laws...
Originally posted by Unity_99
Who are all these people encouraging theft. And this is just a loop hole that isn't legal. There is no legality to stealing someones house.
Shame on everyone who posted. Life is a school, try to pass it please, thats where happiness lies. You have family on the other side rooting for you, your own soul is.edit on 15-7-2011 by Unity_99 because: (no reason given)
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.
The statute is structured in such a way as to require an affirmative act by the original owner to reclaim the property within certain periods of time, referred to as statutes of limitation. If he is prevented from doing so by physically recapturing possession, then he must file a trespass to try title suit in order to reclaim possession and establish legal ownership. If the original owner does not take either action, then his claim is barred, and the adverse possessor prevails. Note that the doctrine of adverse possession does not apply to public lands or against a government entity.
There is no legality to stealing someones house.