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-   -   $330K home had for $16 in loophole law (https://britishexpats.com/forum/usa-57/%24330k-home-had-%2416-loophole-law-725856/)

Bob Jul 21st 2011 10:28 pm

$330K home had for $16 in loophole law
 

Kenneth Robinson beat the system. We should all be Kenneth Robinson. Kenneth Robinson for President! Kenneth! Kenneth! Why the fuss? Because Robinson found a loophole in the law that let him pay 16 dollars to own a $330,000 house.


It's a little known law called "adverse possession" where you can avoid the inconvenience and expense of applying for a traditional mortgage. He supposedly spent months and months researching the law and combing through listings to find the perfect house that would fit within the requirements of the law. The $330,000 house in Flower Mound, Texas did just that....
http://gizmodo.com/5823573/man-used-...a-330000-house

Good going that chap...wonder if google will spike on Adverse Possession searches :D

avanutria Jul 21st 2011 10:45 pm

Re: $330K home had for $16 in loophole law
 
Hm, I wonder if a $16 house that you have to stay in for three years to own is worth living in a neighborhood where everyone around is "jealous and pissed" at you.

Bob Jul 21st 2011 10:58 pm

Re: $330K home had for $16 in loophole law
 

Originally Posted by avanutria (Post 9510674)
Hm, I wonder if a $16 house that you have to stay in for three years to own is worth living in a neighborhood where everyone around is "jealous and pissed" at you.

Well there is that, but that's what insurance is for.

Plus now they know, they can try and figure it out for themselves :D

md95065 Jul 21st 2011 11:19 pm

Re: $330K home had for $16 in loophole law
 
As far as I know, in California you have to have have occupied the property for five years and paid property taxes on it for the entire time in order to claim adverse possession.

While the law is undoubtedly different in Texas, I don't think that this guy is out of the woods yet and even if he does eventually get to keep the property it is probably going to cost him more than that $16 filing fee.

Michael Jul 22nd 2011 1:08 am

Re: $330K home had for $16 in loophole law
 

The perfect storm of events that happened to make the house available was that the house foreclosed, the original owner abandoned his mortgage and the mortgage company closed shop

If the original owner wanted the 'squatter' to leave, the owner would have to pay off his mortgage and the bank would have to file a lawsuit against the squatter to get him evicted. If that doesn't happen, under Texas occupancy laws, Robinson believes the house will be his as long as he stays there for three years.
Even though the mortgage holder closed shop, some company purchased the assets and liabilities of the defunct mortgage company and mortgage companies will not let someone get away with a loophole.

Mortgage companies have deep pockets and will file a lawsuit that could cost the squatter millions of dollars to fight the lawsuit. I doubt that there is one in a million chance that he will still be in the house in another year.

Ash UK/US Jul 22nd 2011 4:35 am

Re: $330K home had for $16 in loophole law
 
If nothing else he has a place that is pretty much rent free for a while.

snowbunny Jul 22nd 2011 5:16 am

Re: $330K home had for $16 in loophole law
 
It'll be interesting to see how this plays out since if he legally owns the property, but doesn't have a mortgage - and the debt holder wins a judgment against him - he could declare bankruptcy and keep the house under Texas law. The fine point here is whether the homestead exemption would apply.

md95065 Jul 22nd 2011 7:11 am

Re: $330K home had for $16 in loophole law
 

Originally Posted by snowbunny (Post 9511028)
It'll be interesting to see how this plays out since if he legally owns the property ...

... but that is part of his problem - he has declared that he is occupying the property but he doesn't "own it" yet - he has to stick it out for 3 years before his adverse possession turns into ownership. I believe that if someone could establish that they are the owner then they could initiate eviction proceedings against him and sue him for trespass - as far as I can tell he is banking on the fact that nobody would notice - in which case he was pretty stupid to get himself into the news ... :ohmy:

Bob Jul 22nd 2011 2:01 pm

Re: $330K home had for $16 in loophole law
 

Originally Posted by md95065 (Post 9511153)
... but that is part of his problem - he has declared that he is occupying the property but he doesn't "own it" yet - he has to stick it out for 3 years before his adverse possession turns into ownership. I believe that if someone could establish that they are the owner then they could initiate eviction proceedings against him and sue him for trespass - as far as I can tell he is banking on the fact that nobody would notice - in which case he was pretty stupid to get himself into the news ... :ohmy:

Either way, he's taking squatters rights to a new level for free digs while it all gets sorted out and you've got to admire that kind of brass balls :lol:

I'll doubt it'll ever pan out, but I'm rooting for the chap :)

snowbunny Jul 22nd 2011 3:22 pm

Re: $330K home had for $16 in loophole law
 

Originally Posted by md95065 (Post 9511153)
...as far as I can tell he is banking on the fact that nobody would notice - in which case he was pretty stupid to get himself into the news ... :ohmy:

Well... I don't know that he intentionally meant to go viral. ;-) The neighbours are probably fighting to force him out - harder than any bank ever would.

Ash UK/US Jul 22nd 2011 3:27 pm

Re: $330K home had for $16 in loophole law
 

Originally Posted by snowbunny (Post 9512085)
Well... I don't know that he intentionally meant to go viral. ;-) The neighbours are probably fighting to force him out - harder than any bank ever would.

Yeap I am thinking now matter how it turns out, he is not making any friends with his neighbours.

md95065 Jul 22nd 2011 4:12 pm

Re: $330K home had for $16 in loophole law
 

Originally Posted by Bob (Post 9511830)
Either way, he's taking squatters rights to a new level for free digs while it all gets sorted out and you've got to admire that kind of brass balls :lol:

Well that's the American way isn't it?

They may have paid for Louisiana and Manhattan but most of the territory that currently makes up the US was acquired by "squatters rights" and "adverse possession" ... :sneaky:

fatbrit Jul 22nd 2011 4:17 pm

Re: $330K home had for $16 in loophole law
 

Originally Posted by Michael (Post 9510840)
let someone get away with a loophole.

Don't be so negative! Adverse possession has a long history -- its roots are seen in both Roman and common law.


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