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Taken’ it to the max in Texas…

By
Real Estate Agent with Real Estate One

You gotta love this story out of Tarrant County, Texas, as relesed by The Associated Press and rehashed in the Daily Realtor Magazine news feed.

 

Squatters in Texas are taking advantage of a loophole in state laws in Texas to move into $Million+ mansions. According to the story written by Yamil Berard which appeared on the Star-Telegram Web site on December 4, Texas state law allows squatters to claim property if no owner is around to challenge them. Texas squatters are apparently targeting vacant properties where owners have died or home owners are away because of a job or even illness. The story referrenced one incident in Houston, in which squatters threw away the owner’s belongings in a commercial garbage bin and moved in while the home owner was having chemotherapy (probably in a hospital). 

 

According to the article. the laws in Texas allow a person to file a claim of adverse possession on the properties with the county clerk., much as one might do on a piece of disputed land or right-of-way in most states. The filing fee is a modest $16 and the filer must sign a pledge to keep the place up to pay property taxes and to live there for at least three years. Heck, why not, it's free!

 

Perhaps Texas, rather than California, is leading the nation this time on the housing front. What a great opportunity to solve the homelessness problem. Basically, if ever state had laws like Texas, the homeless could not only find housing, but they could live in the lap of luxury by squatting in vacant mansions.

 

Of course, we’d likely have to change the real estate model a bit. Maybe we could become “spotters” for vacant properties for some sort of fee. We’d have a list of homeless people (or maybe just people looking for a move up the real estate ladder) that we could keep an eye out for vacant homes. Apparently in Texas the owners don’t have to be gone that long, just gone and not around to contest the occupancy of their property. So, we could be on the look-out for people going on vacation and, BAM! We move a new family right into the house while they are vacationing on a cruise.

 

You’ve got to love the state that gave us George W. Bush and, now Rick Perry. In this case they are so far ahead of the rest of us in solving the housing problem for all Americans. Heck, this would even let us recapture the glory days of the early 2000’s – no money, no job, no problem, let us find you a place to squat. We could even run ads modeled upon the Publishers Clearing House ads - "Be on the lookout for the Squat Patrol coming to your neighborhood soon."

Posted by

 

 Norm Werner

Real Estate One

 

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Jenifer Lower
Bozeman Montana Real Estate .net - Bozeman, MT
Your Dream. Our Passion.

Norm you are a hoot!  What fun to read, even though I am sure it is a trend as Tom stated, and will soon be "arrested".  It is interesting what folks can read into the law and actually an attempt to twist the laws to suit their needs :).

Dec 07, 2011 01:04 AM
Kay Van Kampen
RE/MAX Broker, RE/MAX - Springfield, MO
Realtor®, Springfield Mo Real Estate

Thank goodness Tom clarified the situation.  I can't believe squatters have the nerve to throw away personal effects of someone who has not deserted their home.  Prosecute those that don't follow the law.

Dec 07, 2011 01:12 AM
Team Randy & Jenny Thomas
Team Thomas Realtors - Springfield, MO

ok too funny but also not a good situation.....I'm sure there is more to the story...

 

Dec 07, 2011 01:20 AM
Bill Rozek
Embrace Home Loans, Inc. - Potomac, MD
NMLS #214260

Talk about life imitating art.  Does this make anyone else think of Eddie Izzard and Minnie Driver?

Dec 07, 2011 01:39 AM
Bryan Robertson
Los Altos, CA

I heard about this months ago.  The same sort of law and situation is a major issue in the UK.  What gets me is that people get evicted because they can't pay their mortgage then go on to become renters or homeless. With so many vacant units, you'd think there would be some sort of "arrangement" that could be made without squatters.

Dec 07, 2011 03:38 AM
Anonymous
Beth Goetting

Mr. Werner-

I am a Michigan transplant living in Texas for the past 10 years.  I take a bit of offense of your grouping all of Texas into one hat in this particular situation.  Opportunistic folks live throughout the world, and make it their mantra to take advantage of "loop holes" everywhere they go.  Let's take the previous mayor of Detroit, MI where I lived and worked for 30 years.  I think Kwame Kilpatrick is still doing time for his bad boy behavior, but that doesn't make you and I bad people as well because we're from Michigan, does it?  I hope not...

Dec 07, 2011 04:03 AM
#9
Joy Daniels
Joy Daniels Real Estate Group, Ltd. - Harrisburg, PA

Guess I am glad I don't live in Texas!  Wow - but like Beth(#9) says - there are opportunistic people everywhere.  Story was interesting - thanks for sharing.

Dec 07, 2011 04:06 AM
Dr. Paula McDonald
Beam & Branch Realty - Granbury, TX
Granbury, TX 936-203-0279

I am with Tom on this one.  By the way, the Texas real estate market has been one of the most stable and productive markets in the last few years across the entire nation.  We are doing things right here and this is just a prime example of how one media article can take things and try and make them look ridiculous. 

Dec 07, 2011 04:52 AM
Donna Harris
Donna Homes, powered by JPAR - TexasRealEstateMediationServices.com - Austin, TX
Realtor,Mediator,Ombudsman,Property Tax Arbitrator

This isn't a new story. The story first came out several months ago and the guy didn't have power or electricity on at the house. He just "lived" there.

But to your comment about moving in the homeless, did you read everything YOU wrote since you didn't read the entire article. You wrote that these people have to agree to keep up the house which includes taxes. How are the homeless going to pay taxes? Most of the areas in Texas are 2-3% of assessed value. If the homeless had money like that, they wouldn't be homeless.

Dec 07, 2011 05:02 AM
Steven Cook
No Longer Processing Mortgages. - Tacoma, WA

Norm -- and now that the weather is getting a bit worse in several parts of the country-- I see that the "Occupy" forces are starting to move into vacant, foreclosed property.  I don't think this will last too long, as they are being much too vocal about it, and the owner (banks the protesters are upset about) are not likely to leave them there very long.

Dec 07, 2011 06:51 AM
Mary McGuire
TODAY Realty, Inc. - Lubbock, TX
Broker

Don't be a hater of Texans Norm!  The Texas economy is great and the housing market has not suffered as much as many other states in this fine country.  Thanks Tom, Paula, and Donna for stating a few facts that Norm left out. 

Sometimes a little less jumping to conclusions and a little more fact finding go a long way. 

Dec 07, 2011 09:37 AM
Rosalie Evans
Meritus Group Real Estate - Sioux Falls, SD
The Evans Group, Sioux Falls, SD Homes For Sale

This post is literally oozing and dripping with sarcasm! I love it! Perhaps I could come to Texas and squat in a mansion too! Crazy stuff! Three years really?! Wow

Dec 07, 2011 09:45 AM
Millie C. Legenhausen
Calcagni Real Estate, Hamden, Connecticut - Hamden, CT
CRS, GRI, CIPS, MBA, Realtor

Texas and Texans are wonderful - squatters are not. I am concerned about this attitude of entitlement that causes people to do unethical things. It's time to restore sanity and a good work ethic.

Dec 07, 2011 09:47 AM
Gwynn Carpenter
Gwynn Teal Carpenter-Broker: Home and Hearth Realty (Austin) - Austin, TX
: Broker, Home & Hearth Realty (512)467-6191

I believe these are the forerunners of the HOUSE TENDERS that are current in vogue!

Dec 07, 2011 11:03 AM
Norm Werner
Real Estate One - Milford, MI
Helping the first time and every time

It's getting harder to have a little fun with these these ridiculous stories that pop up from time to time. I certainly don't have anything in particular bad to say about Texas. It's probably the great place that the Texans who responded to this post claim it to be. This could have happened anywhere. In fact we do have the same issue with squatters here in Michigan. In local cases people just move in, without going through the process of filing any kind of claim. When the owner discovers the squatters he can have a dickens of a time getting them out.

A twist that I've heard about here and in other places in the country is the fraudulent landlord scam where the scammer breaks into a vacant property, changes the locks and rents it out to someone. They are long gone with the innocent renters money when the real owner shows up. The "renters" in this case are squatters, but the kandlord may still have to go throguh an eviction process.

Dec 07, 2011 11:42 AM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

OMG - That sounds like a hole that needs plugging.  I'm curious what type of liability the squatter has if the owner comes back within the 3 years, and the squatter has gotten rid of the owners things.  Further, what about breaking, entering and trespass?

Dec 07, 2011 02:38 PM
Mike McCann Nebraska Land Broker
Mike McCann - Broker, Mach1 Realty Farm & Commercial Land Broker-Auctioneer Serving Nebraska - Kearney, NE
Farm & Commercial Property For Sale 308-627-3700

I was enjoying the post up to the poilitical point and then you lost me...I like to stay out of dem-rep  rep-dem discussions...

Dec 07, 2011 02:42 PM
Sonja Patterson
Keller Williams - BV - College Station, TX
Texas Monthly 5-Star Realtor Recipient for the Hou

Norm, you've found the secret to getting lots of comments (heated ones, too)!  Say something negative about our beloved state of Texas, our mama, or our dog, and "them's fightin' words". LOL!! 

Dec 07, 2011 02:57 PM
Pamela Seley
West Coast Realty Division - Murrieta, CA
Residential Real Estate Agent serving SW RivCo CA

Norm, enjoyed your post and comments. Texas is probably one of the few states that is more stable than the rest. It's sad to see such behavior that it's no problem for these people to break in to a vacant home that's not theirs.  

Dec 07, 2011 07:37 PM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

I'm off to Texas with my blanket!

Dec 08, 2011 05:43 AM