Cerpin Taxt

Smart man, jealous (racist?) neighbours.

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Rubix

Sweet, I'd tell the neighbors to go to hell; they're just bad they have to pay a mortgage : lol:

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Kishar

fuck that cunt in the pink shirt...it's none of her damn business. has NOTHING to do with her, racist skank.

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Roach

This scam has been going on for some time. The squaters are doing this in the hopes the bank or mortgage company will pay them to move out. Legally in most states unless he pays taxes and and maintains the property for 3 or more years he has no "claim" on the property what so ever, and within three months he will be out, (as it could possibly take that long since the company that held title to the property is out of business), (meaning the title has probably been transferred to another company...possibly several)
Once the curent title holder is found, they will file charges against that dude, and have forcefully removed/arrested. The scam was brought to light back in 2009 , when banks, savings and loans, and mortgage companies, started folding in large numbers.

Rubix

Not to mention he's been on the news now

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mothernature

I don't see this as a scam. He's following the law. I'm personally glad the law worked in favor of the little guy, for a change.

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Cerpin Taxt

Just because his background in real estate helped give him the impetus to look deeper into ownership laws doesn't mean it's a scam... he is indeed following the law.

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my_scatterheart

And just cuz he's black and people disagree with him doesn't mean they're all racists.

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kamikazi89

it really isn't their place to disagree with him..

http://www.lawchek.com/resources/forms/que/advposs.htm

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my_scatterheart

I'm not saying it is. But that doesn't make them racist.
I'd be aggravated too. Unfortunately, aggravation/anger gets misplaced, and that guy will bear the brunt of it needlessly. I value my neighbors, weird though they may be. It is a community, and we do a lot for each other. If one of them faced the hardship of losing their house, I would be upset for them, genuinely. To then see someone be able to move in for the $16 they paid in paperwork, would be hurtful. I wouldn't be mad at the PERSON, but I can definitely see where these neighbors are coming from. The people who got the boot from their home didn't have the option to pay twenty bucks to stay, and some stranger did. It ultimately feels very unfair, even if the law allows it.

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kamikazi89

if i were him i'd sue the neighbors

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Rubix

It's only a matter of time before this guy invites his neighbors to his national night out block party. He should spread the news around Texas.

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Roach

not exactly, as he had no legal right to file the ownership papers, as he is not the rightful owner.

(this discussion was on a legal site , I'll try to find the link, where a real estate attorney explained the whole scam)

Simply saying you own something does not make it so, as he will no doubt discover.


here's some stuff I've read ...

Submitted by Lawyer on Jul 20, 2011.
To the neighbors upset about the squatter...

Someone still has superior title to the home. The owner of superior title can kick out the squatter.

The only way the squatter keeps the house is if the owner of superior title chooses to not kick out the squatter.

When the original home owner defaulted on the mortgage the bank took ownership - got superior title.

When the bank went under, some bank creditor took ownership - got superior title.

If no creditor took ownership (that would be very unusual) - the state got superior title.

So the job for the upset neighbors:
1) Who the original home owner?
2) Which bank held the original home owner's mortgage?
3) Which bank creditors took position of the home when the bank closed?
4) If the state has superior title, discuss the situation with your local and state representatives.
Good Luck!

____________________ ____________________ ____________________ _________

There are details being left out of this story - adverse possession is an important legal principle that prevents misunderstandings about ownership based on long dormant claims.First of all, in my state, like others - you must have a presumption of innocence - in other words you must have some legitimate belief that the property is actually yours - otherwise its squatting and its illegal.

Secondly, you can't get the home for 20 years without color of title. If you have a title - even if proven invalid, you can get it after 7 years.During that time - the owner can object to your adverse possession - and the presumption is in favor of the owner - not you.This is why the law is in fact, a good law. Say you buy a home. and you live there 15 years or whatever, pay it off 100%, and then you get a lawsuit - some paperwork troll discovered an error in the title when the home was built in 1895.Guess what - it doesn't matter. Because of the law of adverse possession, the fact that you possessed your home for 15 years (really you only needed 7) with a title - believing yourself to be the true owner - you are the owner, period.This protects legitimate home owners, from lawyers going through deeds looking for ancient mistakes, and making a business out of suing homeowners - and it works.It isn't for squatting - and this article makes it look like you can squat and take possession -

and you simply can't.

kamikazi89

Lawyers always get jealous when people do their own research

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Cerpin Taxt

The whole racism thing is up in the air, who knows. I just threw that in there to stir the pot.

You're pretty much correct about everything else, although I will say my own laissez faire attitude about it is more reflective of my neighbourhood not being much of a community. I'm more of the 'he did his homework, good for him' ilk.

Again, I can understand where you're coming from, and I'll just say that hopefully the misplaced is eventually directed to where it belongs; the state.

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kamikazi89

if he pays the taxes on the property the state most likely won't get involved..here in jersey
property taxes trumps the mortgage holders lien..i suspect it the same in texas

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Bearsy

Well, time to crack down and see what I can do in WNY.

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zoltron

I agree. She's just pissed that she has to pay a mortgage & he figured out an alternative. Could be a new book from J.K. Rowling -- "Harry Squatter & The Magic Mortgage Maneuvers!"

Attached Images

 

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Roach

problem I keep pointing out is "the laws" are inaccessible unless you're a member of the bar. ie california bar association, texas bar association, ...etc.

so only attorneys really are "allowed" to read/interperate the "law".

this should change.

kamikazi89

i used to run title searches for 20 bucks a pop,for the same service an attorney would charge 100's and all they did was hire someone like me

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