Man get $330,000 house for $16! (YMMV)

Man get $330,000 house for $16! (YMMV)

Real Estate Agent · New Haven, CT · Member since 2011 · 9 posts · 0 votes

First of all the basic law :

Quote:
Adverse possession is a principle of real estate law whereby somebody who possesses the land of another for an extended period of time may be able to claim legal title to that land. The exact elements of an adverse possession claim may be different in each state.

http://www.ksla.com/story/15090178/man-claims-house-for-16-as-neighbors-accuse-him-of-squatting

Quote:
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.

[Remainder of quote removed by admin for copyright reasons]

Link to the video of the story

http://www.ksla.com/category/194397/video-landing-page?autoStart=true&topVideoCatNo=default&clipId=6055713

Link to the house- status is "off market"

http://www.trulia.com/homes/Texas/Flower_Mound/sold/131722-2205-Waterford-Dr-Flower-Mound-TX-75028

State Adverse Possession Laws.

Find the applicable laws for your state

http://law.findlaw.com/state-laws/adverse-possession/

:D

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Residential Real Estate Broker · Algonquin, IL · Member since 2012 · 52 posts · 6 votes
14y

I have seen this in the news in a few different places. I'm not sure why everyone is saying he got a house for $16. He was a far ways away from ever owning that house and to me he was just a trespasser. Adverse possession takes a very long time.

There shouldn't have even been any talk of having to file for eviction in the courts. The police should have simply removed him for being in a home that did not belong to him and he should have been charged with breaking and entering. This is my opinion of course, others might not agree but oh well.

See this reply in the discussion

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  • Real Estate Investor · Charlotte, NC · Member since 2011 · 252 posts · 56 votes
    15y

    He's a smart one...very creative.

  • Real Estate Attorney · Dallas, TX · Member since 2011 · 124 posts · 29 votes
    15y

    there is not enough info in the article, but I am certain that this guy will not get the house.

    First, in the best case, the guy has to occupy the house for 3 years without the owner disputing his occupancy and I doubt that will happen. And there is a chance that he will need to be there for 10+ years.

    Another issue is that the house is probably owned by the government. According to the article, the house was foreclosed and then the foreclosing bank went out of business, so I assume the FDIC or other gov't entity took possession of the assets of the failed bank, which would include this house -- and, you cannot adversely possess gov't owned property (otherwise, people would be fencing off parks and stuff tog et the land).

    In the end though, all it will take to defeat this is for the property owner to tell the guy to get out. They may need to go to court to force him out, but once they request that he leave, his 3 (or 10) year time frame is broken.

  • Real Estate Attorney · Dallas, TX · Member since 2011 · 124 posts · 29 votes
    14y

    Just to give the rest of this story (in case anyone was thinking of trying this) - the guy lost the house and there are people being prosecuted for trying this stunt.

    From the AP:
    FLOWER MOUND, Texas (AP) — After paying $16 to file a one-page claim to an empty, $340,000 home in an upscale Dallas suburb, Kenneth Robinson moved in furniture, hung a "No Trespassing" sign in the front window and invited television cameras inside for a tour.

    He quickly turned into something of a local celebrity, creating a website, http://16dollarhouse.com , where he sold an e-book and offered training sessions for would-be squatters. And while real estate experts and authorities say he's misusing the law, Robinson appears to have inspired dozens of imitators who moved into Dallas-Fort Worth area homes — some of which were still occupied by their owners.

    But Robinson's time in the house ran out Monday.

    Bank of America wants possession after foreclosing on the home last month, and a judge on Monday gave Robinson until Feb. 13 to appeal or move out. Rather than wait to be evicted, Robinson slipped out before sunrise Monday, skipped a morning court hearing and refused to say where he was moving next.

    "It's been a huge learning experience," he said in a phone call with reporters.

    Robinson hasn't been charged with a crime but police said they responded to several calls from his neighbors.

    On his website, Robinson describes himself as a savvy investor who's part of a "paradigm shift" in which people have taken over abandoned homes. Last June, under a law known as adverse possession, he filed a claim in court promising to pay taxes and homeowners' association fees while living in the house. He kept the lawn outside mowed, and the front clean.

    Robinson spoke to The Associated Press last week while standing at the front door of the two-story, 3,200-square-foot home with a backyard pool. He declined to discuss his background or say how much money he made from book sales or seminars related to his takeover.

    He said he started his website — which describes him as "poised, measured, insightful and wise" — to keep the media and others from misleading the public about his story.

    "They think some bum off the street came and paid $15 to get a $300,000 house by filing a piece of paperwork," Robinson said. "That is not the case. That is the sum of what happened."

    Robinson's website says he's not a lawyer and isn't offering legal advice but has done real estate research.

    Real estate experts say he's got the law just plain wrong.

    Adverse possession statutes can be found in most states, said Brian C. Rider, a real estate lawyer and professor at the University of Texas. Someone who has openly taken charge of abandoned land for an extended period of time — using a driveway on a neighbor's property, for example — could try to claim that land later, he said.

    But it takes a long time to establish those rights, typically 10 years in Texas. Until then, anyone trying to stake claim to a piece of property owned by someone else is just a squatter, Rider said.

    Arlington, Texas real estate attorney Grey Pierson said the law is often used to resolve disputes between homeowners over driveways, lawns or other property with shared boundaries — not to take someone's house.

    It's not clear how long the home was empty before Robinson moved in. Its last owner, William Ferguson, bought the house for $332,000 in 2005 and appeared to run into trouble making payments about three years later, according to county records. Ferguson did not have a listed phone number, and the records don't indicate where he moved.

    County clerks in North Texas said they have seen such a spike in adverse possession filings that they've stopped accepting the claims without prosecutors' approval. In a handful of cases, squatters entered homes that weren't abandoned, but left empty for a few days.

    "We just had people making bad decisions, taking a portion of the law and applying it in a way that was not legal," Tarrant County clerk Mary Louise Garcia said.

    In one case, an Arlington travel nurse came home in September to find her locks changed and two TVs missing, according to a police report. Authorities say Anthony Brown came to the front door and told her that he had claimed the home and she was trespassing.

    When the nurse asked Brown for his paperwork, he offered to return the home for $2,000, police said. Brown, who was arrested in October, does not have an attorney listed and did not respond to messages left on his cellphone.

    County constable Clint Burgess said authorities have interviewed a handful of people claiming "adverse possession" who said they spoke to Robinson. The Fort Worth Star-Telegram reported Robinson attended a December eviction hearing for two charged with burglary. Robinson said then he was attending to show support for the couple.

    He says now that he doesn't want to be an example to others.

    "The truth is I don't want people to think that they should go out there and do anything based on what I did," he said last week.

  • Residential Real Estate Broker · Algonquin, IL · Member since 2012 · 52 posts · 6 votes
    14y

    I have seen this in the news in a few different places. I'm not sure why everyone is saying he got a house for $16. He was a far ways away from ever owning that house and to me he was just a trespasser. Adverse possession takes a very long time.

    There shouldn't have even been any talk of having to file for eviction in the courts. The police should have simply removed him for being in a home that did not belong to him and he should have been charged with breaking and entering. This is my opinion of course, others might not agree but oh well.

  • Real Estate Investor · Charlotte, NC · Member since 2011 · 252 posts · 56 votes
    14y

    The guy was clearly trying to sell his e book and ads for his business. I know in Buffalo NY there are groups that are actually doing this and getting away with it. Buffalo has one of the highest amount of vacant properties in the country and you can find these vacants all over. Granted they need a ton of work and are in the worst neighborhoods but there are a few people who are moving in and actually getting the owners to gift them the property. Then they fix up the properties themselves. I don't think its the greatest strategy but its an idea.

  • Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
    14y

    The "story" behind the links has been removed by KSLA.

    From time to time these dramatic "news" stories make headlines. Most of the time there is a catch, a misunderstanding of the law, or missing facts. In some cases, the reporters should be more responsible and check out the facts story independently. Not saying this is the case here, but I've seen grossly incorrect stories before.

  • Real Estate Attorney · Dallas, TX · Member since 2011 · 124 posts · 29 votes
    14y
    Originally posted by Chris Martin:
    The "story" behind the links has been removed by KSLA.

    From time to time these dramatic "news" stories make headlines. Most of the time there is a catch, a misunderstanding of the law, or missing facts. In some cases, the reporters should be more responsible and check out the facts story independently. Not saying this is the case here, but I've seen grossly incorrect stories before.

    That is really the reason for my post -- I have heard this guy's story from multiple groups and almost everyone thought he actually owned the house for $16. People were even talking about going out and doing it themselves. All because the media reported it as "fact" and blasted the story out in all the hype and glory available to the media outlets. Then the follow-up (like the article I posted) is just simply printed and never gets any traction.

  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    14y

    I have seen this Atlanta and the people and ring leaders were arrested and put in prison.

    This is nothing more than creating bogus paperwork with the "intent to defraud" as you have no VALID and ENFORCEABLE legal claim to the property.

    What they are doing is CT "criminal trespass".

    There are no free lunches people.The sooner everyone understands that the better.

  • Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
    14y

    This guy had a court date yesterday that he blew off. Eviction is coming soon.

  • Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
    14y
  • Investor · Willow Spring, NC · Member since 2009 · 5k+ posts · 3k+ votes
    14y

    Related.... here's a dude in Raleigh who recently deeded himself a $1,941,949, 7,664-square-foot property. Want to increase your net worth by $2M? Just go to the courthouse and file the deed. His 28 page rap sheet is continuing to grow.

    Seems like this kind of thing happens in lots of cities.

  • Residential Real Estate Broker · Payson, AZ · Member since 2009 · 3k+ posts · 1k+ votes
    14y

    He needed to sell e-books to pay for the gas to run his generator that was out back. Since he was squatting, he wasn't allowed to turn on power at the home.

    I remember this guy from a while back. He's been there for some time now. I'm not surprised that his time came up and he eventually got evicted. I wonder what his next scheme will be.

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