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Someone Moved Into My Uncles House While He Was In Hosptial

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  • Renegade

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    So wife's uncle who is elderly (80+) but gets around on his own, had to go into hospital for a few weeks. After a week or so, asks family member to go to home and get a few things. Family member gets them, but says hey, did you know someone is staying in your house? He says WTF. They ask me on T-Day to solve the problem.

    To Be Continued.....

    Said Uncle won the largest Texas Lotto at the time, about 10-15 years ago. There were three other winners, so he split it 4 ways. As a result, he is a "celebrity" at least among the scamsters and FSA types who to this day are begging him, offering him deals, etc. You name it.

    I asked his sister who went to the house some basic info about who was living there and what was going on. Appeared to be a single male 60s who had car on driveway. Did not appear to be trashing house or stealing stuff, but was helping himself to whatever he found - TV, food, clothes, etc. No keys to house were missing, sister had a copy, and uncle gave her his copy to get in. Time for me to take action....

    To Be Continued.....

    So next day I head over to hospital, and get written permission from uncle to be caretaker of home (have "apparent authority to act for the owner") as well as get his keys. No problem with that. I go to his house there is the car on driveway. I stake it out and see someone coming and going. I decide to sit on it till he leaves, than go in and see what is going on for myself. three hours later, he finally leaves, and he is alone and appears to be 60s or so (gray hair, etc). I take pictures of him and his car of course.

    I park on driveway and head in. Doors unlocked. Nobody else home. All windows and doors are unlocked, but none are forced. Keys match all doors so no locks changed. Search of house reveals nothing obviously removed. Kitchen has been used - fresh dirty dishes, near-empty refrigerator, etc. I lock doors and wait for him to come back.

    To Be Continued.....

    So after almost an hour, someone tries to come in front door (I locked it). I quickly answer door, and the guy is on porch.

    ME: Can I help you?
    HIM: He looks at me and realizes I am not uncle.
    HIM: Uh, yeah, Steve is letting me stay here. I must have locked myself out.
    ME: Huh? I just talked to him this am he did not mention anyone was here.
    HIM: It was a week ago, maybe he forgot...
    ME: Where are your keys?
    HIM: He did not give me any, said it was unlocked.
    ME: Where is he right now?
    HIM: He is away for the holidays.
    ME: Where?
    HIM: He did not say.
    ME: You are full of shit.
    HIM: (caught off-guard by my change in demeanor). No, no he said it was OK.
    ME: How about you leave now and never come back?
    HIM: He said I could stay here.
    ME: You are not staying here...
    HIM: grumbles ... I need to get my stuff....
    ME: No, you are either leaving right now or going to jail. Which is it?
    HIM: No need to be an ass grumble... grumble. Walks off.

    And he is gone. As best we can figure, this was another freeloader who came to the house looking for a handout, and found door unlocked and decided to just make himself at home. Car he drove away in was a true POS. Showed photo and car to Uncle, he did not recognize man.

    I secured house, turned on some lights. Told neighbors nobody should be here but Steve or me. If anyone shows up, call cops. Looks like he is not coming back and Uncle is returning tomorrow.

    Cool story bro and all that. No guns, no cops, no dogs shot. Boring story compared to the real ones people make up on the internet. Obviously uncle now knows to lock his doors and tell his neighbors when he is gone. Maybe a family member or two also.

    Oh yeah, and the lotto money? He blew it all in < 5 years.

    ETA:

    yes there were other details that did not matter, I was armed, had a nephew and wife as hidden backup, etc. As you can read, my strategy was to "have no knowledge" this guy was there, and act dumb when he showed up. Did not want to RAID house, or appear to intentionally confront him. me in house with written permission to be there and him on porch, puts him in the defensive.

    ETA2:

    I am just shocked someone would just walk into someone's house and start living there. Good thing uncle did not decide to go to FL for winter or something.
     
    Last edited:

    shortround

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    Could it be another relative, acquaintance, neighbor's drug addled offspring, illegal immigrant, vagrant, house sitter ... who have I missed?
     

    karlac

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    Caregiver, distant relative? Lots of folks prey on the elderly in these situations, including faulty memory. If it is has only been a "few weeks", adverse possession is completely out of the question, as the statutory minimum to perfect title in Texas under adverse possession is three years. Also, to file a "quiet title" action in Texas you must have an interest in the property.

    Something else at play here. ITMT, it is purely conjecture.
     

    breakingcontact

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    Quiet title. I just read about this. Apparently they have low life classes now on how to do this. Move into someones house, change the locks then fight it out in court to prove whos house it is really.
     

    F350-6

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    I keep seeing stories like this on the news and such. There's got to be more to these stories than this. Tax records, utilities, etc. are all in homeowner's name. Call the police about burglary or trespassing and be done with it. If he's got some piece of paper and convince the police it's a civil matter, shut off the power and water and then board the placed up with him inside.
     

    karlac

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    Quiet title. I just read about this. Apparently they have low life classes now on how to do this. Move into someones house, change the locks then fight it out in court to prove whos house it is really.

    This scam, and that is what it is, has been tried by a number of transplants who think they can get away such shenanigans in Texas, but they have all failed thus far. Most who tried it have been arrested and charged with trespass and other crimes. There was even a bill in the legislature this past session to "clarify" the adverse possession statues to put a stop to the attempts ... the statutes don't need to be clarified, these a$shats instead need to be "stopped" on the spot and/or end up in jail.

    "Thank your lucky stars you're from Texas!" ... keep it that way.
     
    Last edited:

    karlac

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    I keep seeing stories like this on the news and such. There's got to be more to these stories than this. Tax records, utilities, etc. are all in homeowner's name. Call the police about burglary or trespassing and be done with it. If he's got some piece of paper and convince the police it's a civil matter, shut off the power and water and then board the placed up with him inside.

    The ploy/"piece of paper" has been to file an "Affidavit of Use and Possession" with the County Clerk. Problem is, while this affidavit may well "cloud" the title, it in no way shape of form vests title in the Affiant, although it may well start the clock on statutory remedies.

    Last I heard, County Clerks are under no obligation to accept one unless the adverse possessor can actually cite a court order, or a specific statue, that requires the filing of the affidavit. That was what this last proposed bill in the Legislature was trying to address/clear up, IIRC.
     

    F350-6

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    The ploy/"piece of paper" has been to file an "Affidavit of Use and Possession" with the County Clerk. Problem is, while this affidavit may well "cloud" the title, it in no way shape of form vests title in the Affiant, although it may well start the clock on statutory remedies.

    Last I heard, County Clerks are under no obligation to accept one unless the adverse possessor can actually cite a court order, or a specific statue, that requires the filing of the affidavit. That was what this last proposed bill in the Legislature was trying to address/clear up, IIRC.


    So is this enough to have the cops walk away and say it's a civil matter and they won't do anything?

    Another update - next is finale.

    Gets more interesting with each update. Sounds like you've done well so far. Wondering if the sound of a pump action shotgun and the shout "get out of my house" will accompany his return.
     
    Every Day Man
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