Dallas-Ft. Worth - False Adverse Possession Claims

[Prof]

Dallas Fort Worth is facing a plague of false Adverse Possession claims:

http://www.nbcdfw.com/news/local/Tarran ... 44308.html

[penny2]

I only joined Quatloos a day ago but the reading is very interesting on these people. So these people just come in and take over houses.

I just am still confused about how they try to profess that they are keeping their homes on the Cease and Desist documents that they give to a judge. My neighbor seems to think that he has his house wrapped up free and clear. I would think that the Judge during these cases would be laughing him out of the room. Thoughts?

[wserra]

My neighbor seems to think that he has his house wrapped up free and clear. I would think that the Judge during these cases would be laughing him out of the room. Thoughts?

In order to have informed thoughts, we'd have to see the docs.

Welcome to Quatloos, penny2.

[Pottapaug1938]

My neighbor seems to think that he has his house wrapped up free and clear. I would think that the Judge during these cases would be laughing him out of the room. Thoughts?

In order to have informed thoughts, we'd have to see the docs.

Welcome to Quatloos, penny2.

I echo both of the things that Wes said; but to hazard a guess I would say that your neighbor has some sort of document which mimics the form and language of genuine legal documents based on firm legal precedent, but which are based on misinterpretations of legal principles (ignorant, credulous or wilful) and are completely worthless when it comes to clearing title to real property. I would further guess that your neighbor believes in the validity of the documents because he has such an intense need to believe in their validity that the belief, all by itself, validates the documents. To quote Charlie Pierce's "Third Great Premise of Idiot America", fact is that which enough people believe. Truth is determined by how fervently they believe it.

[Jacques]

The foreclosure situation has caused a wide variety of interesting tries from hopeful homeowners. One attempt, called adverse possession, has been quashed by many court judgments.

In the summertime of 2011, a Texas man rose to infamy with the adverse possession of a $330,000 estate in Flower Mound, Texas. The courts, however, have decided that Kenneth Robinson's adverse possession is not lawful, and he has been evicted.

You may read more: Courts are kicking adverse possession practitioners out of homes

Even though, real state experts say that he got the law all wrong, he still was able to get an almost free rent for 8 months. So he still wins.

But seriously speaking, if Kenneth Robinson wants to own a house he must work hard for it. It isn't right that he will use the law just to acclaim something which he doesn't own in the first place.

[Gregg]

Out of idle curiosity, what are the chances of the real owner (Fannie or Freddie maybe?) getting a judgement against these people for rent, damages, etc...?

I know, collecting would be unlikely, but is there a legal device to get a judgement?

[Prof]

Trespass is both a criminal and civil cause of action, as is damage to property. Damages for trespass and property damage could be sought in a civil action in Texas.

Criminal charges, rather than civil actions, would possibly be more effective to deter such conduct. However, I somehow think that courts would be reluctant to put these folks in jail, given overcrowing, jail costs, etc. (I say jail, becuase my guess is that most of this conduct is at best a class A Midemeanor, which has a maximum jail time of one year, to be served in the county jail, not in a state prison.) However, a Class A case can result in a fine of up to $4,000; pay the fine or go to jail.