Really difficult title situation
So, I've had my eye on this triple-lot in my neighborhood in Atlanta. This is going to get complicated, so, please bear with me -).
The lots were sold in 1904 - 2 of them to the husband (A) and 1 to the wife (B).
B died sometime between 1900 and 1910 and A died in 1933. No will - intestate. There used to be houses on the properties, which were torn down many years ago. They had 7 children, who each had children and grandchildren. Right now I'd probably have to hunt down the great-grand children, which might be 50 people or so.
Have followed the title forward and at no time was the title ever transferred to anyone else.
Many years ago C started paying taxes, in hope of getting the lot. C died in 2002 and C's daughter kept paying taxes. I spoke to C and she told me that her dad just paid taxes, but never had any relationship with owners and she's kind of sick of it. They had inquired about doing quiet title, which would require them to find all of the heirs and serve them.
Neighbor across the street (D) has taken care of the lot for +20 years. Mowing it, parking his cars on it etc. 20 years is the time in Georgia to do adverse possession on a vacant lot. Spoke to an attorney I've worked with before, and he told me that 1 requirement is the person filing for AP needs to have the belief that this is really their property. That's new to me. Nowhere does it state that and if that person really believed that it was their land, they wouldn't be filing for adverse possession, would they? So, I don't get that.
What kind of options are there? Any suggestions?
- Find another attorney?
- Pay Last year's taxes, which C didn't pay, with FIFA? And year later foreclose? But I don't want there to be others bidding on it - I want the lot - lol.
- See, if neighbor D can file a lis pendens for 20 years of grass upkeep, right before I file foreclosure, so that nobody else bids on it?
- If I locate just one of the heirs and get a quitclaim deed from them, can I do anything with it and file for quiet title?
- Are there possibly any other Georgia probate rules, that would allow me to deal with things differently, if the owner died intestate 85 years ago and heirs are unknown or not to be found?
I'm not trying to cut out D, but we'll go 50/50, if I bankroll legal stuff. Or, if I can get ownership some other way, I'll give him 50%. He's helped me out a lot.