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  1. #1
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    Jul 2011
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    Default Texas Adverse Possession

    I am residing in the Richmond, Texas area and unfamiliar with Texas state real estate law. I was in the early stages of purchasing a house from a young lady who has since past away. I have the only key to the house and received it from a relative who assisted her periodically during her battle with cancer. She has no known relatives who are doing anything with the property and abandoned it. The bank, Chase i guess has the paperwork for the house and the foreclosure paperwork as well. If i were to move into the house, pay the yearly property taxes, home owners dues, etc. Can the bank remove me from the property or will they have to negotiate with me on purchasing the house. What options do i am?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Adverse Possession

    if the house has been foreclosed on, the current owner, whether it be the bank or some other entity, could have you removed from the house. They have no obligation to negotiate anything with you as you have no title interest in the house until you have already inhabited the house at least as long as the statute requires. There is a statute that has a 3 year period but you do not fall within that law. There is also statute with a 5 year period. You also do not fall under that law. Then there is a statute requiring possession of 10 years. If you can hang on that long, you would have a claim. All you would have to do then is sue to quiet title or defend a suit of eviction.

    One thing I didn't address: depending why you have a key, you may have absolutely no claim under adverse possession.

  3. #3
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    Jul 2011
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    Default Re: Texas Adverse Possession

    I found this to be interesting.

    http://www.wimp.com/manbuys/

  4. #4
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    Default Re: Texas Adverse Possession

    Quote Quoting kflange
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    I found this to be interesting.

    http://www.wimp.com/manbuys/
    I didn't.

    the affidavit the guy filed does not remove the requirement of actually possessing the property for the requisite period of time (10 years) before he can claim legal title to the property.

    I suspect that somebody is going to have to pay the property taxes on the place or it will be sold at a tax auction and the new owner will surely boot this guy. Other than that, the rightful owner can seek his removal anytime before that 10 years. Then the time period starts over.

    He is nothing but a squatter and will likely not be in the home for long, especially since it made such a big splash on the news.

  5. #5
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    Sep 2005
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    Default Re: Texas Adverse Possession

    Not "Affidavit" - "Avidavit".


    If he did that in my neighborhood I would work with my neighbors to gain superior title to the house, evict him, then put it on the market.

  6. #6
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    Jan 2006
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    Default Re: Texas Adverse Possession

    I'm still trying to figure out what an "avidavit" is but here is what he filed:

    http://www.fatwallet.com/static/atta...possession.pdf

    I see no reason to attempt to gain superior title as I see him having no claim to title of any type. If I was a neighbor, I would simply move in with him. Since the cops refuse to act an a report of a crime such as trespassing or breaking and entering, how could they take any action against me for living in the house as well. Robinson has no support of a right to possession and as such, has no right to claim I am not allowed in the home anymore than I could claim the same of him.

  7. #7
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    Aug 2011
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    Default Re: Texas Adverse Possession

    Quote Quoting jk
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    I'm still trying to figure out what an "avidavit" is but here is what he filed:
    Man, Im not even a lawstudent and I can tell you what an affidavit is. (I spell it the way I spell it).

    First we must realize that all law, or more importantly all "judicial" law is based on a 6'000 year old concept nowadays called COMMERCIAL LAW.

    All governments of all nations can only make laws that make COMMERCE move more smoothly WITHIN THE STATE.

    So what is an affidavit? In COMMERCE both parties must be truthful and what happens if you make a false statement under oath? You're charged with PERJURY.

    SO! An affidavit is a COMMERCIAL statement of TRUTH which must be proven by records, withdrawals, reciepts and so on, because no ones going to just believe you right?

    To give an example; YOU are charged with rape by your ex girlfriend. What do you do?

    Its her statement against yours and whomevers statement checks out the most in court wins the battle. Get it?

    Because thats all that judicial system is, just business. Matter of fact Commercial law is PRE-judicial, all judicial systems are based on COMMERCIAL LAW.

    So rememeber that anytime your in court or in a legal battle. Its your STATEMENT OF TRUTH against THEIRS!

    For all students of WISDOM: please refer to this document, it will help you understand everything i just wrote: http://www.freedom-school.com/stuff/...ng-the-ucc.pdf

    Thank you.

    Edit: Basically everything you do in the legal process is full of affidavits. Yours against theirs. Peace.

  8. #8
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    Default Re: Texas Adverse Possession

    slim_ps2;544940]Man, Im not even a lawstudent and I can tell you what an affidavit is. (I spell it the way I spell it).
    I guess you are really missing the point. The paper he filed is an "avidavit". It is titled as such and that is what I was speaking of. I know what an affidavit is.

    First we must realize that all law, or more importantly all "judicial" law is based on a 6'000 year old concept nowadays called COMMERCIAL LAW.

    All governments of all nations can only make laws that make COMMERCE move more smoothly WITHIN THE STATE.
    I see. You must be one of those yahoos that believe you can claim sovereignty as an individual within the US.

    So what is an affidavit?
    that wasn't the question

  9. #9
    Join Date
    Sep 2010
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    19,901

    Default Re: Texas Adverse Possession

    If they gave you a key, then your use appears to be permissive. It's not going count as an adverse possession. It would behoove you to determine the actual heirs and try to work something oiut.

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