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.
I can honestly say I have no idea, but with that many heirs involved it seems like there are an awful lot lot of wrenches that could get thrown into the gears.
Years ago in my early career I had to back out on a timber deal on a similar situation, but with considerably less heirs involved (6-8 grandchildren as I recall), as we couldn't get clear title.
You might seek out an attorney that specializes in wills/probate issues and have them represent you. Good luck with it and keep us posted!
@Michaela G. If anyone suggests a quick way to gain title to this property, please let me know. I like the idea of getting a quit claim deed from an heir because that would at least give you color of title and standing to pursue a quiet title action. If you get a quit claim deed from an heir, be sure that the heir's relationship to the last owner of record is clearly stated on the quit claim deed. My best guess it that most courts would want to see a probate filed on the property. What ever route you choose, probate, quiet title, or Adverse Possession. The heirs will need to be notified. Therefore additional research on who the heirs may be is likely to be not only necessary but helpful and advisable.
If Adverse Possession interests you, definitely get an attorney that has actually litigated an adverse possession case. They are rare. Note that you could also get a quit claim deed from neighbor D and then his 20 years of involvement with the property accrue to you. Good luck to you. It sounds like a fascinating project.
I'm trying to create a family tree now. Found that one of the children had 8 children herself, by 1930. So, it'll be a daunting task.
I'm also thinking of trying to obtain a fifa for the 2017 taxes, which weren't paid. Then file for foreclosure after a year. In the meantime I try to locate all of the descendants, who seemed to all have moved to Chicago in the 1930's, so, I can then send notification for foreclosure.
Then, a few months before the filing, I'll have the neighbor file a lis pendent for a future adverse possession filing. Hoping that anyone that wants to bid on it will look at title and get scared off.
Just playing with ideas. Love those difficult titles, because it's so much more of an accomplishment when I actually succeed with it.
I haven't seen a fact pattern this complicated since law school!
You said the attorney gave you a recommendation regarding the adverse possession, but he didn't give any guidance on the tax lien? I don't know how real estate taxes are treated in your county, but I would ask your attorney or find an attorney that deals with tax liens on the procedures. If you purchase the tax lien from person C's daughter, there must be a procedure for petitioning for a tax deed and taking ownership of the property.
The explanation regarding adverse possession is correct but I think you misunderstood the rule. The party with adverse possession obviously knows they are not the rightful owner because they are squatting on it. The adverse party must represent to the rest of the world that they are the owner and treat the property like it belongs to them. If D had mowed the lawn and the paid the tax bill for over 20 years, he might have a case. I don't think mowing the lawn alone would be enough.
As for filing a quiet title suit, normally that would be the easier option. However, given the amount of work it will take to serve all the heirs of the property and get proper notice out, the tax deed might be your better option.
Good luck!
@Bob
@Bob Floss II , thank you. Actually, the daughter and her father never got tax liens. They just paid the taxes, not knowing that Georgia is a state where paying taxes is not a requirement for adverse possession.
The neighbor also parked his cars on the lot. But he's an honest guy and while a lot of people around him probably thought/think it's his lot, it's not something he is telling people. Just like when I asked him about it the first time. He just told me straight up that he'd love to buy it, but the owner (daughter) doesn't want to sell and he's just been mowing it, because he's been looking at it. He didn't know that the daughter didn't own it and thus couldn't sell it.
Talked to the delinquent tax division and they are not putting up the 2017 line for sale and tell me that they don't know when that will happen. Problem also is that they always give first shot to INVESTA, who buys tax liens around here and everyone else can only get the picked over stuff.
Aaargh.....I'll keep working on it.
@Michaela G. I've just gone through a similar situation in MA, representing a buyer.
The seller was surprised to learn that he did not have clear title. There were 3 generations of family who had owned some interest in the property over the years.
Bottom line is that the seller had to pay for 12 probates to be run. It was $25,000 in legal fees alone.
We finally got it done and my buyers are thrilled with the home, but it took about 5 months to make it all happen.
