The Mudcat Café TM
Thread #103749   Message #3273249
Posted By: Stilly River Sage
13-Dec-11 - 02:18 PM
Thread Name: BS: News of Note (was 'I Read it . . .')
Subject: RE: BS: News of Note (was 'I Read it . . .')
If you look to the right side of the story you'll see related stories. This is a growing problem around here.

A growing problem with "adverse possession" scams in North Texas.

MANSFIELD -- Squatters were ordered to vacate a Mansfield home they had tried to claim, then the couple was arrested and handcuffed, accused of burglarizing the house.

Andrew LaTour II and Alicia LaTour had removed deadbolt locks and garage door openers on the $224,000 house, said Constable Clint C. Burgess, adding that they took a house that wasn't theirs.

"We are going to hold these people accountable," he said.

The couple had appeared early Tuesday at an eviction hearing before Justice of the Peace Matt Hayes, contending that the case against them should be thrown out. Their attorney, Bob Frisch of Dallas, argued that GMAC, the servicing agent for the bank holding the mortgage, had no authority to represent the house owners. "They have no standing in this court," Frisch said.

But a GMAC attorney said that the couple had no legal right to the home. "Mr. LaTour is a squatter and a trespasser under Texas law," Aaron Holland told the court.

Hayes would not recognize the LaTours' affidavit of adverse possession, filed in July with the County Clerk, calling it fraudulent. He then ordered the couple to leave the house.

After the judge issued his order, Frisch said that the couple understood they would likely be asked to leave the house, but said they wanted time to get their belongings from it.

However, as the couple left the courtroom, constables were waiting and pulled out handcuffs. "I have a warrant for your arrest. You are being arrested for burglary," they said.

The LaTours were taken to the county jail for booking.

Attending Tuesday morning's hearing was Ken Robinson, who has filed an affidavit of adverse possession on a Flower Mound home and who had wanted to testify on the LaTours' behalf, but did not. The LaTours have said they turned to him for advice on using the affidavits. He said he was attending to show support for the couple and declined further comment.

Also attending the hearing was Andrew LaTour's mother, Sandra LaTour, who also has filled affidavits on Mansfield homes. No proceedings have been initiated against her so far.

But Burgess said that more arrests may be coming.