Someone Moved Into My Uncles House While He Was In Hosptial

[35Remington]

There's going to be a blizzard in Houston :sly:

Hahahahaha a pig just flew right past me!

 

[cbigclarke]

I think there may be ice skating in hell

Sent from my DROID RAZR using Tapatalk

 

[TXARGUY]

 

[benenglish]

The ploy/"piece of paper" has been to file an "Affidavit of Use and Possession" with the County Clerk. ...

Last I heard, County Clerks are under no obligation to accept one ...

All of which puts County Clerks between a rock and a hard place. Filings are supposed to be legit and it's not the job of the drones in the office of the clerk to decide which is valid and which isn't. They should just file everything given to them and let the interested parties fight it out in court if there's a dispute.

But, of course, that system was built around the notion that people are reasonable and basically honest. A few bad apples are out there filing all sorts of nonsense with County Clerks. For example, mid-level government officials often find their credit is crap and will forever be crap because all sorts of wingnuts file bogus liens against them.

I feel sorry for the people in the County Clerk office. They're damned if they do and damned if they don't.

This scam, and that is what it is,....

Adverse possession isn't a scam. It exists because it fulfills a vital purpose. Abandoned real estate can be a drain on the public coffers. People who go to the trouble to "homestead" in abandoned houses (if they go about it the right way) are actually performing a public service.

Recently, there was a case of several hundred homes whose mortgages were moved from one investment portfolio to another without all the right paperwork. This was deliberate. The loans were toxic and the receiving entity simply didn't want the real estate. Legally, nobody owned those homes. Most of them were empty. In general, most of them will fall into ruin, the local government will have to sue, take possession, and sell (or bulldoze and sell). In the meantime, they become crack houses or storage facilities for dog fighting groups.

It's far better that some enterprising person (call 'em a lowlife if you like) moves into the house, maintains it, improves it, pays the taxes, files all the right paperwork, and eventually, after years of investment, comes to legally own the property.

Yes, most people who try to do an adverse possession are shysters who don't want to put in the work to do it right. They're trying to steal something. But when it's done right, adverse possession is a net positive to the community.

And yes, also, I will grant that it's almost never done right. That doesn't mean the concept is automatically and always a scam.

 

[Sugar Land]

Sure beats where he is living now.

 

[pharmaco]

Simple. Just say "you know, you're right, it's been a long day, sorry for being an ass. Come on in and get your stuff".

3 steps in put 3 .45 rounds in his chest then immediately call 911. Pretend to be attempting life saving procedures.

Yup, the good old
"Just checking on the house for hospitalized uncle when a complete stranger came barging in and scared the shit outta me" defense.

Let the record show that I am mocking TXARguy.

 

[karlac]

Adverse possession isn't a scam.

And yes, also, I will grant that it's almost never done right. That doesn't mean the concept is automatically and always a scam.

? The scam is in the misuse of the adverse possession statute for the purpose under discussion, not the statute itself. That's why many whom have tried it in Texas have been been arrested and charged with trespass/breaking and entering.

 

[benenglish]

? The scam is in the misuse of the adverse possession statute for the purpose under discussion, not the statute itself.

Sorry. I didn't read you that way the first time. My fault.

 

[karlac]

Sorry. I didn't read you that way the first time. My fault.

Not your fault. Looking back on it, I was not very clear in getting my point across. Long day, too many miles, years adding up, and still a need to learn to shut up (me, not you).

 

[benenglish]

Not your fault. Looking back on it, I was not very clear in getting my point across. Long day, too many miles, years adding up, and still a need to learn to shut up (me, not you).

Thanks. I'm glad we're OK.

And as for shutting up, that's definitely advice I need to heed more often. A couple of days ago, I let my mouth overload my ass and it wasn't pretty. Ever have one of those conversations where you keep talking while some part of your brain is yelling at you "Just shut up! You're making it worse every time you open your mouth!" but for some reason you can't identify, your mouth just keeps moving? I did that...and it didn't end well.