Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Saturday, March 16, 2013
Bill Introduced In Texas Legislature To Curb Crackpots From Using Adverse Possession Affidavits As Self-Created Free Housing Vouchers That Provide Immunity From Criminal Trespass Charges
In Dallas, Texas, KXAS-TV Channel 5 reports:
A string of squatters attempting to use an old law to legitimize taking over empty houses has inspired a new bill that aims to prevent copycats from following in their footsteps.
While some of the more high-profile squatting cases—like that of Kenneth Robinson, who made headlines last year for flaunting his "$16" Flower Mound house—have faded from the spotlight, their examples continue to linger.
"It's still going on in Denton County, we've heard about it in Houston. I get calls regularly from Alabama, Kentucky," said Tarrant County Constable Clint Burgess, who had to study up on the law of adverse possession when apparent squatters, including Robinson, began presenting him with obscure affidavits two years ago. "We had never seen anything like it," Burgess said.
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Tarrant County has managed to crack down on the practice by refusing to accept the affidavits at the county clerk’s office and prosecuting abusers. But Burgess encouraged State Sen. Jane Nelson, who represents Denton and Tarrant counties, to sponsor legislation that would prevent the scam from bleeding into other parts of the state.
Under the new law, filed last week, anyone interested in gaining ownership of an unused property would have to send written notice to the last known address of each person who holds an interest in it, from mortgage lenders to homeowners. "This bill simply states what a reasonable person would expect—that property does not convey simply by squatting," Nelson wrote in a statement.
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While a squatter may not stand a chance to legally acquire a home he entered illegally, the use of adverse possession affidavits has still slowed down what is typically a straightforward process—swiftly filing a charge or a warrant against the suspected squatter.
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That sort of confusion allowed some of the initial North Texas cases to remain in legal limbo for weeks, and in some cases months before authorities had the information they needed to evict a squatter.
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While the new legislation could thwart the abuse of adverse possession in Texas, it remains a problem in other areas of the country still recovering from the foreclosure crisis.
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)
Beware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice(Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally
Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New York
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)
CNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)
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