Posted by MikeC/TX on 11/15/12 3:50pm Msg #443523
Update to TX squatter case
This is regarding the article I posted last week about the guy who used a fraudulent affidavit of adverse possession to take over an Arlington home while the owners were away in Houston because the wife was undergoing chemotherapy.
He was found guilty of felony first degree theft exceeding $200,000 (which carries a potential life sentence) as well as burglary (max 20 years). The jury sentenced him to 10 years probation and a $10,000 fine. I believe the judge then added 60 days in jail as a condition of probation, but the article wasn't clear on that.
| Reply by Moneyman/TX on 11/15/12 4:01pm Msg #443524
So it will be easier for others to follow, here is a link to your previous post, Mike - Msg #443029

| Reply by MikeC/TX on 11/15/12 4:15pm Msg #443528
Thanks, Chris n/m
| Reply by desktopfull on 11/15/12 4:30pm Msg #443529
I guess crime does pay, take $200K and only pay back $10K
in fines and probation.
| Reply by MikeC/TX on 11/15/12 6:00pm Msg #443545
Re: I guess crime does pay, take $200K and only pay back $10K
I have my own opinions about what the jury did in the sentencing phase, but this is not the forum for me to voice them. Just trying to report on what happened to bring that original post full circle.
The takeaway here is that this IS a scam that is being perpetrated in parts of TX and in other states as well, and the authorities are on to it. In some ways, it's similar to the "notary protest" schemes that have been mentioned here before.
Here in Tarrant County alone it's estimated that something in excess of $8 million in property was stolen this way. Every one of those affidavits of adverse possession required a notarization, so I think it's important that notaries be aware of this.
Here's an example of one filed in Tarrant County: http://tinyurl.com/cbtkpeu
Note in this case the notary was a family member... and someone didn't know how to spell "affidavit"...
| Reply by dgd/CA on 11/15/12 8:36pm Msg #443569
OMG... absolutely n/m
| Reply by dgd/CA on 11/15/12 6:22pm Msg #443550
My daughter has recently undergone the last of her chemotherapy. I choose not to contemplate upon that action which I, her mother, having finally (and joyously) taken her "home" would have either consciously chosen or instinctively reacted to. Given your posting, quite frankly, I am quite certain, that I (most likely) would be the one arrested and sentenced, then, to actual "jail or prison" time.
Given my opinion of Texas Justice, up until now, (BTW ...my mothers parents owned, until the great 'dust bowl" a family [generational] farm outside of Sherman), I would never have presumed this weak kneed outcome.
Be that as it may, I thank you for the update. More than pleased this woman and her family have been able to legally retain that which was always theirs... their home.
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