In the last few years, some scofflaws have been using "adverse possession" laws as justification for occupying homes that are in foreclosure, have been foreclosed upon, or none of the above. In Boca Raton, Florida, a Gen Y jug-head who calls himself named "Loki Boy" (why not "Loki Man"?), with alleged ties to a fringe anti-government group, tried a variation on this theme and "adversely occupied" for a few months a $2.5 million mansion that was owned by the bank. Although this brazen attempt to violate trespassing laws made national news, those of us in North Texas have been facing a wave of similar attempts. At least we were until the local law enforcement authorities quickly snuffed it out by arresting the "adverse occupiers" and prosecuting them. That nipped this brewing insurrection in the bud. Then again, it's Texas, so we tend to shoot first, ask questions later.
Loki Boy's escapade also ended badly (for Loki Boy), when Bank of America sought (and obtained) an injunction against the Boy and his "house guests." The local police then raided the place, took back possession (with extreme prejudice) from The Boy (who, wisely, was not at home when the fuzz came calling), and restored Bank of America to full possession (no word on how many house guests the bank plans to invite to share the digs). The bank is also suing the Boy for $15,000 in attorneys' fees, but I'm sure B of A wouldn't be surprised if it has a tough time locating Loki, much less collecting that amount from him.
In terms of creating new legal rights, however, you have to give Loki Boy a pat on the back (and perhaps a Thai stick and a fat boy).
The Sun-Sentinel reported that Barbosa posted a notice in the front window of the house naming him as a "living beneficiary to the Divine Estate being superior of commerce and usury." On Facebook, a man named Andre Barbosa calls the property "Templo de Kamisamar."
Man, I haven't seen the "living beneficiary of the Divine Estate" theory pushed since 1967 in Haight Ashbury. At least I think it was in 1967. It might have been 1977. Maybe it wasn't Haight Ashbury. Maybe it was Woodstock. Blast! Those years are a blur to me now. It's as if they've all gone up in smoke.
As for any other potential adverse possessors thinking about floating in Loki Boy's elevated footsteps, Bank of America says "Don't even think about it!"
In a statement issued after the home was secured, a spokeswoman for Bank of America said it appreciated "the assistance of local authorities and the patience of neighbors as we worked to have the trespassers removed.
"We take trespassing seriously, and in the interest of the community, we will take appropriate legal action to protect this and all properties we service," the statement said.
Go ahead Loki Boy wanna-bees: make B of A's day.