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Man uses obscure law to claim ownership of $300k home in upscale Texas town... for just $16
Daily Mail ^ | 7/20/11 | Wil Longbottom

Posted on 07/20/2011 11:19:26 AM PDT by Do Not Make Fun Of His Ears

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To: ShadowAce

In CA you would have had to pay the property taxes for five years you live there.


51 posted on 07/20/2011 12:55:25 PM PDT by Always Independent
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To: TribalPrincess2U

Abandoned houses fail the Upscale test.
No matter how big they are.

If the guy so much as cuts the grass and keeps shingles on it, that is better than the abandoned state it was in before.

The people with standing to sue, are the people who walked away.

The people on the housing bubble threads have been explaining how this will play out for years. Here are abandoned homes being awarded to people who move in and maintain them appearing just as predicted. Sort of a couterpart to the “unexpected” take Keynesians have on everything.


52 posted on 07/20/2011 1:14:11 PM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: sanjuanbob

You’d never get title insurance.


53 posted on 07/20/2011 1:17:22 PM PDT by expatpat
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To: Realman30; panaxanax

you post like nOOb...


54 posted on 07/20/2011 1:26:51 PM PDT by Vendome ("Don't take life so seriously... You'll never live through it anyway")
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To: Do Not Make Fun Of His Ears

The banker’s lobby must have been sleeping in Texas, most states require much more than 3 years.

This guy should have kept his mouth shut because somebody owns that mortgage and they have better lawyers than he can hire and they will put him through the wringer now that this is out in the public domain. And you can bet the loophole will be closed.

Remember TANSTAAFL. Especially when lawyers are in charge.


55 posted on 07/20/2011 1:31:55 PM PDT by bigbob
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To: bigbob

why would someone be so stupid as to TELL EVERYONE when they do this?


56 posted on 07/20/2011 1:33:54 PM PDT by Mr. K (CAPSLOCK! -Unleash the fury! [Palin/Bachman 2012- unbeatable ticket])
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To: Milton Miteybad
I'm with you, though...I think the successors of the bankrupt mortgage concern are probably going to respond to this guy by filing suit within the three year period. It's not like the interest held by the defunct mortgage company just disappeared...they have some successors somewhere. I'm pretty sure this squatter will be hearing from them at some point, given this publicity.

My take also. This reminds me of the threads (where I was attacked on a regular basis) about how all of the people who didn't pay there mortgage would now own there homes free and clear because someone in a law firm signed for someone else. It's more a fantasy then reality.

57 posted on 07/20/2011 1:45:31 PM PDT by Prokopton
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To: Two Kids' Dad
Lots of mixed reactions on this thread. My initial reaction was “Good for him!”, but my amended reaction is “This ain’t over by a long shot, now that it’s hit the news.”

My thoughts went to the original intention and circumstances of the creation of this law. My guess is that during the depression or some other time, when people walked away and they was no legal method to acquire a property this was made. At that time they would want some one to live in it and fix it up?

Any one know history on this?

58 posted on 07/20/2011 1:54:03 PM PDT by PeterPrinciple ( getting closer to the truth.................)
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To: cripplecreek

If he did all his own research then he surely knows the tax ramifications already and has calculated them into his plans.
This fellow does not seem to be dumb. I suspect he will be able to afford his new residence, even to upkeep.


59 posted on 07/20/2011 1:59:54 PM PDT by arthurus (Read Hazlitt's "Economics In One Lesson.")
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To: Realman30

“You post like a liberal.”

Actually, I post like a ‘real-man’ that won’t convict or accuse someone by looking at their picture. Perhaps when you grow up, you will reach your goal of becoming a real man.

It’s people like you that give real Conservatives a bad name. What if the guy were white?


60 posted on 07/20/2011 2:34:52 PM PDT by panaxanax (0bama >>WORST PRESIDENT EVER.)
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To: Vendome

To whom was your “you post like a nOOb” directed?


61 posted on 07/20/2011 2:41:59 PM PDT by panaxanax (0bama >>WORST PRESIDENT EVER.)
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To: con-surf-ative

Really only one important question,

what was the name of the mortgage company that went bankrupt in this case?

Seems there must be a good number of similar properties in Texas and other states with similar adverse possession laws.


62 posted on 07/20/2011 2:47:07 PM PDT by JerseyHighlander
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To: Prokopton; Milton Miteybad

There are a huge number of original mortgage documents that have been lost to warehouse space or shredders. CHain of custody problems could lead to this mortgage written by a now defunct mortgage company, improperly pooled into a CMBS and sold to a thrid party, and the third party then sold the CMBS garbage to a TBTF bank at discount, the TBTF bank then sold the CMBS at face value to the Fed window....

meaning there is no one in the country who cares about this property.

I’m 100% sure that is the case with at least 800,000 mortgages sitting on the Fed balance sheet.


63 posted on 07/20/2011 2:51:08 PM PDT by JerseyHighlander
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To: panaxanax

To the nOOb.

I didn’t care for his comments toward you and I like your postings.


64 posted on 07/20/2011 2:53:57 PM PDT by Vendome ("Don't take life so seriously... You'll never live through it anyway")
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To: panaxanax

LOL

Now that’s funny.


65 posted on 07/20/2011 2:57:28 PM PDT by Vendome ("Don't take life so seriously... You'll never live through it anyway")
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To: Do Not Make Fun Of His Ears

Nice house! Way to go, fella!


66 posted on 07/20/2011 3:00:24 PM PDT by MHGinTN (Some, believing they can't be deceived, it's nigh impossible to convince them when they're deceived.)
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To: Realman30

It’s a public interest issue from way back when. It doesn’t serve the public interest to have houses throughout the city that are unoccupied, unkempt and rotting away. We had one like this in our neighborhood, tall grass to attract snakes and a back deck that collapsed one day on its own.

Thus adverse possession laws. If someone with a claim actually wants the house, this forces them to assert the claim and get it occupied. If they don’t care, then someone who obviously wants the property gets to have it.


67 posted on 07/20/2011 3:01:04 PM PDT by antiRepublicrat
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Comment #68 Removed by Moderator

To: thefactor
Since this doesn't make a lot of sense, I'd say something is wrong and this dude is going to lose. If the owner walked away and the bank walked away, it belongs to the Municipality per unpaid taxes. They would then put it on the auction block. We have 100's of abandoned properties. Some are torn down and the lot is sold. Some are put on the block.

You're right, this doesn't even fit the concept of adverse possession.

69 posted on 07/20/2011 3:03:46 PM PDT by Sacajaweau
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To: Mr. K

I think someone SNITCHED on him.


70 posted on 07/20/2011 3:09:02 PM PDT by Sacajaweau
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To: All

I live around the corner from this house and just found out about him squatting there Monday night. He does not hold the title right now. There are many conditions he has to meet and anyone/entity that does hold the title can have him evicted. Its not going to happen over night.

People are searching to find out who/what ended up with the asset when the mortgage co went belly up.

The O administration put a hold on lots of foreclosures and this is what happens... no one knows who actually owns what now and these ‘something for nothing’ types move on in. :(
This battle is being waged all over the country.

For someone to live in this heat with no elect or water is miserable. I can think of only 2 reasons someone couldn’t or wouldn’t get water and elect turned on at this property.

That house isn’t worth any $300. No maintenance has been done for over a year. The pool is shot and nearly everyone in this neighborhood has to get new roofs from the storms that have come through here since spring. How’s he gonna pay for all that when he can’t even get water and power turned on?

There’s HOA dues, and taxes too. hmmm. If he can’t/won’t get utilities turned on how or why would he pay those things?

There is a pool on the property that hasn’t been taken care of in over a year. That’s got to be NASTY. What’s he doing with his own bodily waste?

He says he ‘found’ the key.. hahaha.. There was a realtor’s lock box on the door this spring as well as a realtor’s sign in the yard. hmmm. found the key my -—!


71 posted on 07/20/2011 3:09:18 PM PDT by Melvalena
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To: Melvalena
Thanks for the info...Sounds more like he filled out the $16 paper work to escape criminl charges. Wouldn't be surprised if he's in cahoots with the Realtor.

Psst...If there's a lock box on it...there's something "active" going on. Realtors don't leave lock boxes behind.

Bet he's got a record.

72 posted on 07/20/2011 3:21:36 PM PDT by Sacajaweau
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To: USFRIENDINVICTORIA; stephenjohnbanker
As they say....”Possession is 9/10ths of the law.”
73 posted on 07/20/2011 3:39:32 PM PDT by fanfan (Why did they bury Barry's past?)
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To: fanfan

99% if you own an Uzi ;-)


74 posted on 07/20/2011 3:42:25 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: SIDENET
Great, now I have to drop my home's price down to $15 just to make it competitive if I hope to sell.

OK, Sold!

$15, and I'll even pay in Canadian funds! :-)

75 posted on 07/20/2011 3:52:34 PM PDT by fanfan (Why did they bury Barry's past?)
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To: Melvalena

There’s HOA dues, and taxes too. hmmm. If he can’t/won’t get utilities turned on how or why would he pay those things?

There is a pool on the property that hasn’t been taken care of in over a year. That’s got to be NASTY. What’s he doing with his own bodily waste?
********************************************************
He has some bills to pay that’s for sure ... as to the practical aspects ,, a single can of motor oil will smother all the mosquito larvae in the pool ,, the pool is also currently the source of water for the toilet ,, a 5 gallon bucket dumped in the toilet flushes real good.

The pool can be fixed up easily ,, drain , powerwash , spray with bleach and copper fungicide, patch all bad/rough marcite , refill , new cartridge or DE powder ,, at most you’re looking at $500 ... the problem with the pool is electricity and chemicals (and know how if you’re not good with them)...

If it were me I’d go with water and power ,, keep one room cool with a window A/C ... if you’re real cheap we have $10/month health clubs where I’m at that have showers... you could live on very little with his cost basis..


76 posted on 07/20/2011 3:52:54 PM PDT by Neidermeyer
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To: Neidermeyer; Melvalena

>>There is a pool on the property that hasn’t been taken care of in over a year. That’s got to be NASTY. What’s he doing with his own bodily waste?<<

That’s where the local health department can (and most likely will) get involved. He’s got a lot of hurdles to overcome.


77 posted on 07/20/2011 4:02:30 PM PDT by Do Not Make Fun Of His Ears
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To: Buckeye McFrog

I think you may be thinking of a prescriptive easement.


78 posted on 07/20/2011 4:06:12 PM PDT by Katherine Ann
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To: Do Not Make Fun Of His Ears

The Town should be able to catch him on several ordinances.


79 posted on 07/20/2011 4:11:21 PM PDT by Sacajaweau
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To: Former Proud Canadian
So the guy with 200K on the line has no rights?

Ummm, No. They have all the normal property owner's rights. All the legal owner has to do is EXERCISE those rights, showing up to the door, and telling the guy to move, or any number of things... would do it. Or posting a "no trespassing" sign, ANY sign they care about the property...and showed up, would nullify this guy's right to the old English law of "adverse possession."

This is a many hundreds of years old legal principle, serving the public good, which makes for not having abandoned unused property--by owners who don't care to exercise ownership.

If you have a field, for example, next to my farm, and, I let my cattle onto your field, WITHOUT YOUR PERMISSION, but, you were in a position to know (ie. the cattle were there all the time, not secretly) AND you never objected, never showed up, and never walked across the field, never put up any sign or fence or repair or a change of any kind...then voila, over a set period of time set in law, (3 years in this guy's case) the land legally can become mine. (I actually know of a field where this happened (not to me!), in pricey Loudoun County, Va.)

Most of the states (all except Louisiana?) have it, as it is very old law, inherited from English law, and a pretty good principle (not allowing functionally abandoned real-estate) for the public good. This is especially relevant to America, where most of the land ownership originally involved squatters of some kind...

This is also where we get the very old saying, “possession is 9/10s of the law...”

I used to have a Real Estate license, and I recall first learning of this surprising law...and reacting against it. However when you really think about it, it’s a good thing.

80 posted on 07/20/2011 4:17:45 PM PDT by AnalogReigns
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To: Do Not Make Fun Of His Ears

That’s where the local health department can (and most likely will) get involved. He’s got a lot of hurdles to overcome.
**********************************************
Drain the pool cut a hole in the bottom of the deep end for drainage and fill it with dirt and get the house water turned on ,, not a difficult problem to overcome ... most people won’t buy a house with a pool if they intend to rent it out ,,, filling the pool with dirt costs little , is easily reversible and totally eliminates a huge maintenance headache while maintaining the valuation enhancement when you do sell.


81 posted on 07/20/2011 4:27:42 PM PDT by Neidermeyer
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To: Vendome

Just checking. Thanks, vendome.


82 posted on 07/20/2011 4:36:27 PM PDT by panaxanax (0bama >>WORST PRESIDENT EVER.)
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To: fanfan
$15, and I'll even pay in Canadian funds! :-)

Hmm, Canadian funds make it a tempting offer.

;-)

83 posted on 07/20/2011 4:37:44 PM PDT by SIDENET ("If that's your best, your best won't do." -Dee Snider)
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To: Neidermeyer
Drain the pool cut a hole in the bottom of the deep end for drainage

What kind of pool are you talking about?

84 posted on 07/20/2011 4:51:30 PM PDT by Irish Eyes
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To: stephenjohnbanker

LOL!

Not if the other side owns two.


85 posted on 07/20/2011 4:59:29 PM PDT by fanfan (Why did they bury Barry's past?)
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To: SIDENET

Real CASH too!

7 Twoonies and 1 Looney. ;-)


86 posted on 07/20/2011 5:07:53 PM PDT by fanfan (Why did they bury Barry's past?)
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To: panaxanax

De Nada.

Would be awkward calling you a nOOb. LOL

Post on.


87 posted on 07/20/2011 5:17:52 PM PDT by Vendome ("Don't take life so seriously... You'll never live through it anyway")
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To: Irish Eyes

What kind of pool are you talking about?
********************************************
The usual kind , cement , rebar , marcite ... you wouldn’t want to do that with a fiberglass pool ,, but those are uncommon. A pool can cost an easy $100+ a month in electricity and chemicals ,, plus about $75/month if you hire someone to clean it ... filling it in with dirt is the best solution if you’re not going to use it much and you’re tight on funds.


88 posted on 07/20/2011 5:21:46 PM PDT by Neidermeyer
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To: Neidermeyer

We do have the “usual” type of pool. You are absolutely right about the cost, maybe a little low we, live in AZ

I could just not imagine cutting a whole in the bottom of the pool to drain it,
I must have misunderstood what you said.

Now taking care of a spot of black algae, any ideas ?


89 posted on 07/20/2011 7:24:25 PM PDT by Irish Eyes
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To: Irish Eyes

I have a pool business ...

Since you’re in AZ the hole in the bottom would seem odd ,, where I’m at in Florida it’s a normal part of the process when you drain a pool to refinish it.. The hole isn’t to drain the pool ,, you do that with either the pools own pump or a sump pump ,, the purpose of the hole is to give groundwater a path to get back into the pool otherwise it can float out of the ground if you have a wet spell. I have a 3hp electric jackhammer I use just for that... you want to knock a hole as close to the main drain as possible without hitting the piping and save the marcite or pebble-tec (final finish coat) to reuse after you patch the hole so you don’t have a problem matching the look.

Black algae? SIMPLE .. get tough with it ,, you have to breach the shell it builds around itself ,, use a wire brush ... then you apply chlorine DIRECTLY to the algae ,, grab a tablet and grind it into the spot.. if you have any powdered or crystalline copper sulfate grind that in too ... when you’ve killed it all (you may have to do it twice) then backwash your filter ... liquid copper sulfate is your best friend when it comes to green/yellow algae ,, if you buy it in the pool store a single qt. bottle (1 application) will cost you $20+ ,, if you buy the same chemical at Home Depot in the garden center you can get a pint bottle for about $7 that will make 8 applications when you dilute it.. just ask for fungicide concentrate and read the ingredients.


90 posted on 07/20/2011 8:21:14 PM PDT by Neidermeyer
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To: Sacajaweau

I think the lock box and sign have been gone at least since the City mowed the lawn around April. At that time the City and our HOA were searching for who is responsible for the property.

Tomorrow I’m going to try to get a copy of what ever it was he filed with the county or at least find out his full legal name.


91 posted on 07/20/2011 8:24:15 PM PDT by Melvalena
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To: Neidermeyer

After the winter we just had, I don’t think that pool is worth the effort to save it.

Pouring motor oil in it ... yuck... then pouring that down the toilets??? What a nasty nasty disgusting way to live.

Is this what you’d call taking care of the property?

Would you want that going on next door to you?

Besides HOA has rules about window a/c units.


92 posted on 07/20/2011 8:24:21 PM PDT by Melvalena
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To: Melvalena

Pools are cheap to fix ... it’s mostly labor

Motor oil is the old standby ,, it was used for decades to kill mosquitoes breeding in pools of water .. it’s not “PC” today but just a little bit will work ,, unless you have access to some DDT? I’d rather have a little oil sheen on the water than mosquitoes ,, of course the best method is to have the pool cleaned up and functioning normally. If you don’t like the motor oil suggestion I’d suggest that YOU buy some “mosquito donuts” to float in the pool ,, chemical impregnated floating rings made for just this situation .. try a “do it yourself” pest control store...

********************************
Is this what you’d call taking care of the property?
********************************

YES I would call that an improvement over a million mosquitoes or so.. If I had an abandoned house with a pool next to mine I’d bring a cup of motor oil over to save myself from the mosquitoes.

If you’d rather have it sit abandoned and become the neighborhood party house for the kids to get drunk in (and fall into that pea green pool and drown) then I guess you can work to get him booted out somehow...

This guy has every incentive to be a good neighbor and keep the property up.. Why not give him a chance?


93 posted on 07/20/2011 8:41:30 PM PDT by Neidermeyer
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To: Melvalena

Tomorrow I’m going to try to get a copy of what ever it was he filed with the county or at least find out his full legal name.
****************************************************
You can usually get all of that online (although the clerks sometimes get behind on posting the documents) ... Please drop me a “private reply” with the info as to the mortgage company and such.. Thanks.


94 posted on 07/20/2011 8:44:29 PM PDT by Neidermeyer
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To: Neidermeyer
Black algae? SIMPLE .........

Thanks that is a keeper

95 posted on 07/20/2011 9:13:46 PM PDT by Irish Eyes
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To: All

Its not been the neighborhood party house in the last year and unlikely to happen even if that squatter wasn’t there.
Local LE would run them out in a heart beat.

Yes, I’d rather see it sit empty than see someone just walk in and stake a claim like this guy has done.
Someone owns the title to this property. This guy just swoops in there and sets up camp, and claims it’s his? That’s just wrong.

I just drove by and (somehow) he’s come up with the money to get the lights on. Might have had something to do with all the publicity? Or someone put the utilities in their own name for him? I have no idea.

Here’s some fun reading:

http://ashy2classy.net/2011/07/20/kenny-robinson-my-new-hero/


96 posted on 07/20/2011 9:27:28 PM PDT by Melvalena
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To: Melvalena

Someone owns the title to this property. This guy just swoops in there and sets up camp, and claims it’s his? That’s just wrong.
*************************************************
Yet that is exactly what is happening with all the foreclosures where the mortgages have been extinguished by conversion to certificates and the “bank” has been paid for the certs , the bank has been paid on default insurance , the bank has been paid many times on something it no longer has ANY claim to ...


97 posted on 07/21/2011 3:43:52 AM PDT by Neidermeyer
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To: Neidermeyer

???? I am sorry, I have no idea what you are talking about.

The bank owns the title to the property until its purchased from them or awarded to another entity by a judge in the case of the bank going out of business.


98 posted on 07/21/2011 6:06:58 AM PDT by Melvalena
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To: All

I was able to find out what he says is his full name from the County, I was able to print a copy of what he filed on line.

Further research by a friend of mine says according to tax rolls the house has not foreclosed and previous owner (who left) is holding title?

If the property did get sold/foreclosed whoever bought it did not file paperwork on it. So according to the County.. previous owner is still listed as owner. Neighbors say that family has moved out of state.

I have no idea if HOA, neighbors or anyone else has actually made contact with previous owner or lenders with the loan. I do know several attempts have been made by various people.

MORTGAGE ELEC REGISTRATION is the last listed Grantee—
so there is no telling what is what at this point.


99 posted on 07/21/2011 2:15:38 PM PDT by Melvalena
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To: Melvalena

more info:

http://www.wfaa.com/news/consumer/After-moving-in-for-16-man-ready-to-share-technique-adverse-possession-kenneth-robinson-125928273.html

Seems BoA owns it...


100 posted on 07/21/2011 7:40:57 PM PDT by Melvalena
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