Owner died. How do I buy this house?

Owner died. How do I buy this house?

Greenbrier, TN · Member since 2016 · 2 posts · 0 votes

Found a house not far from me with papers taped to all the windows. I stopped and snooped around. I'd love to buy it. Talked to the neighbor. He said the owner died 5 years ago and it's sat empty ever since. He also mentioned the owners niece lived there for a minute then left. County assessor has it listed as owned by what I would assume is the niece. Did some googling. Looks like the niece was next of kin and not interested in paying the mortgage. 

The signs all say "managed by Carrington home solutions" I called them they couldn't tell me anything. The neighbor said someone mowed the lawn and "winterized" in November. Said he talked to the mower and he knew nothing. 

How do I contact the niece? Or is that even worth it? How do I get this house? Not worth my time? 

Below is what I found by googling the owner and the nieces name together. The wife/ex wifes name is also included although I couldn't find her on the internet. 

BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP PLAINTIFF VS. NO. 2014-CV-125 [name], [name] F/K/A [name] and ALL UNKNOWN HEIRS OF THE ESTATE OF [dead person's name] DEFENDANT ORDER OF PUBLICATION In this action, it appearing to the satisfaction of the Clerk and Master, from the Plaintiff's Complaint which is sworn to that the whereabouts of ALL UNKNOWN HEIRS OF THE ESTATE OF [dead person's name]., individually are unknown and cannot be ascertained after diligent search and inquiry so that the ordinary process of law cannot be served upon them. It is therefore, ORDERED that publication be made in the GALLATIN NEWS EXAMINER a newspaper published in Sumner County, Tennessee, for four (4) consecutive weeks commanding said defendants to file an answer to the complaint with the Clerk and Master at her office in Gallatin, Sumner County, Tennessee, according to law within thirty (30) days from October 30, 2015. If the Defendant fails to do so judgment by default will be taken against him/her for the relief demanded in the Complaint. This the 28th day of September, 2015.[name] CLERK & MASTER INSERTION DATES October 9, 16, 23, & 30 ATTORNEY FOR PLAINTIFF: [name] 
Initial publication on 2015-10-09.

Thanks!!!!

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Broker · Logan, UT · Member since 2013 · 1k+ posts · 1k+ votes
9y

What @Wayne Brooks said.

Whenever you see a distressed or abandoned property, your first step is to find out who owns it.  It looks like your county recorder uses a third party service for title documents which will be spendy if you don't need it for heavy use  So you will have to contact the recorder directly or find a title company that can help you with this.

The other free way to quickly check is through your state's GIS department which has an online parcel map.  Clicking the parcel in question will give some basic assessor information about the property.  Do not rely on this as anything official, but if BoA shows up as the owner on this, the property was foreclosed on sometime in the past.  It may have subsequently been sold or listed....or not.

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  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    9y

    Looks like the Bank foreclosed and has recently winterized it. The niece is out of the picture.

  • Contractor · Glen Cove, NY · Member since 2016 · 209 posts · 89 votes
    9y

    Sounds like the bank owns it and may have an inside person of interest to act as gatekeeper  so they can move ahead and secure for themselves. AKA inside deal.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    9y

    Obviously, the bank had a foreclosure going in 2015.  You didn't tell us what name shows in the local county records as the current owner.

  • Broker · Logan, UT · Member since 2013 · 1k+ posts · 1k+ votes
    9y

    What @Wayne Brooks said.

    Whenever you see a distressed or abandoned property, your first step is to find out who owns it.  It looks like your county recorder uses a third party service for title documents which will be spendy if you don't need it for heavy use  So you will have to contact the recorder directly or find a title company that can help you with this.

    The other free way to quickly check is through your state's GIS department which has an online parcel map.  Clicking the parcel in question will give some basic assessor information about the property.  Do not rely on this as anything official, but if BoA shows up as the owner on this, the property was foreclosed on sometime in the past.  It may have subsequently been sold or listed....or not.

  • Luke CarlPro Member
    Rental Property Investor · Tennessee Florida · Member since 2016 · 4k+ posts · 5k+ votes
    9y
    William Hochstedler Wayne Brooks The county has the owner listed as Maria Smith the presumed niece. Is it possible she just walked away and hasn't been paying the taxes so the bank gave up and is letting it sit? Who hired the winterizers? Should I find a way to contact Maria smith? Not going to be an easy name to track down
  • Luke CarlPro Member
    Rental Property Investor · Tennessee Florida · Member since 2016 · 4k+ posts · 5k+ votes
    9y
    William Hochstedler Has your contact info blocked I'll send you the county record if there's a way?
  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    9y

    Then, the niece owns it, and she is the only one who can sell it.

  • Luke CarlPro Member
    Rental Property Investor · Tennessee Florida · Member since 2016 · 4k+ posts · 5k+ votes
    9y
    Wayne Brooks so if I can track her down I can offer to buy it? Why would they let it sit for 5 years? Probably had broken pipes and all kinds of damage by now
  • Investor · Charlotte, NC · Member since 2016 · 374 posts · 189 votes
    9y

    Look up adverse possession.  

  • Real Estate Broker · Maple Grove, MN · Member since 2016 · 216 posts · 80 votes
    9y
    Look up the niece on peoplefinder.com, facebook etc. you can usually get an email address, permanent address, phone number etc for her or her family members that may get you closer to connecting w her directly.
  • Broker · Logan, UT · Member since 2013 · 1k+ posts · 1k+ votes
    9y

    If it were me, I'd do a more thorough title search at this point.  Find out how encumbered it is and what the size of the mortgages are.  It could be that it's way upside down (much more is owed on it than it's worth).  As a result the bank doesn't even want to put it on its books and is the reason it's not foreclosing.

    If you determine that there is an opportunity here, there are lots of ways to find people.  @Amy Ranae suggested a couple of ideas.  Look up "skip tracing".

    This is how great deals can be found.  Most of the time, however, there's a reason no one wants these properties.

    Good luck!

  • Luke CarlPro Member
    Rental Property Investor · Tennessee Florida · Member since 2016 · 4k+ posts · 5k+ votes
    9y
    Amy Ranae William Hochstedler I keep digging. Looks like one person died left it to someone. That person died left it to someone.... that happened a year ago this week. Any way I can send ether of you the address and get your take on whether I'm wasting my time?
  • Real Estate Broker · Maple Grove, MN · Member since 2016 · 216 posts · 80 votes
    9y

    Look up Maria Smith and see where that takes you! 

    I haave a similar property I've had a crush on for 3 years. It's tax forfeited but not up for auction yet. I've tracked down a phone number for the owner but he never answers. I've sent mail and left messages but no response. I'm dying to have this building but can't get ahold of this dude. I believe he is almost 90 so he's not accessible through the usual routes.

  • Broker · Logan, UT · Member since 2013 · 1k+ posts · 1k+ votes
    9y

    @Luke Carl

    I think you'd be better off dropping by a title company to help you make sure you're going after the right person.  They have all the tools and subscriptions to pull probate docs and title docs.

    We can't do much being out of state.

  • Rental Property Investor · Olympia, WA · Member since 2012 · 544 posts · 311 votes
    9y

    @Luke Carl & @Account Closed  You are right that any property sitting vacant for 5 years is likely to be in bad shape.   "Probably had broken pipes and all kinds of damage by now"

    However, the length of time it has gone unoccupied and unpaid can also be to your advantage.  Tennessee has a 6 year statute of limitations, which means that if the bank doesn't foreclose soon, then within about a year Maria Smith can prevent foreclosure by claiming the statute of limitations as a defense.  If you can get a simple quit claim deed from Maria Smith, then you can could likely use the statute of limitations yourself.   Since Maria Smith long ago gave up on the property, you might be able to get her to sign a quit claim deed for a hundred dollar incentive (get her signature notarized).  You could end up with the property free and clear for very little cash out of pocket.  Then resell or keep.  Here is a general comment on statutes of limitations from the legal encyclopedia Nolo.com

    The Statute of Limitations in the Current Real Estate Market

    Most lenders currently have a backlog of delinquent loans for which they have not yet filed foreclosure actions. It may be months or even years between the time that the borrower stops making payments and the lender initiates the foreclosure process. This means that it's important for borrowers to be aware of the statute of limitations for their particular state. It may become a valid defense in a foreclosure action."

    Good luck to you.

  • Clarksville, TN · Member since 2016 · 238 posts · 96 votes
    9y
    I have had the most luck finding people on Linkedin.
  • Rental Property Investor · Charlottesville, VA · Member since 2012 · 1k+ posts · 726 votes
    9y

    @Luke Carl Unless you are looking directly at deed records, I'd guess that whatever you are looking at to see the niece owns it is outdated. Sometimes I see some of the systems in my county take 6-months to a year to get updated... The only one that is totally accurate is the record of deeds which you may be able to research yourself but more likely you will need a title company.

    The fact that it has been winterized and there're notices printed on the door and an asset management company listed tells me that a big bank owns it. That is standard procedure for them. That means that prior ownership does not matter. All you can do is wait for the bank to list it on the mls.

  • Johnson City, TN · Member since 2014 · 586 posts · 705 votes
    9y

    I just don't understand why people seem so reluctant to go to the courthouse. All of the relevant documents are there. Even if you don't know exactly where to look and what to look for, there is usually a nice lady there who will be pleased to help you. 

  • Luke CarlPro Member
    Rental Property Investor · Tennessee Florida · Member since 2016 · 4k+ posts · 5k+ votes
    9y

    OK so I talked to the county and got some good info. Deceased owner was married. Got divorced. Ex Wife signed a quick claim that she had no interest in the house. That was 2010.

    Maria Smith is on the title (fact) as next of kin (thats a guess) but was also sent notices and wants nothing to do with it or they can't find her. 


    The taxes were paid 3 weeks ago by a debt collector called Carrington Home Solutions (who also winterized it and mowed the lawn).


    My guess is BOA hired Carrington to try and collect on the debt because no one can find this Maria Smith... ??

    The county sent me all the deeds. Woman at the county said "This thing is a mess."

    I have the address of the ex wife. She lives in the neighborhood with a new husband. Should I knock on her door and ask about Maria?

    If I can track Maria down and buy it from her how would all of this play out? Would I be responsible for the unpaid mortgages or just the taxes that the debt collector paid? How does the bank get their money? Has to be 6 year statute of limitations? 

    @William Hochstedler @Amy Ranae

  • Luke CarlPro Member
    Rental Property Investor · Tennessee Florida · Member since 2016 · 4k+ posts · 5k+ votes
    9y

    Ok so looks like BOA is currently forclosing on the house. I guess I just have to wait??

  • Luke CarlPro Member
    Rental Property Investor · Tennessee Florida · Member since 2016 · 4k+ posts · 5k+ votes
    9y

    Ok spent 2 hours working on this thing to find out theres nothing I can do. Just have to wait for it to go to auction and get bid up to full retail. 

    HOW THE HECK AM I SUPPOSED TO FIND A DEAL THESE DAYS! lol

  • Real Estate Broker · Maple Grove, MN · Member since 2016 · 216 posts · 80 votes
    9y

    @Luke Carl this is good practice haha!

  • Broker · Logan, UT · Member since 2013 · 1k+ posts · 1k+ votes
    9y

    If you have the address of the ex-wife why not go and talk to her and see what she knows?

    I've never heard of the statute of limitations on something like this.  If I don't pay you money I owe you for long enough I don't owe you the money any more?  But maybe there's something...

    A couple of years ago I met a guy on the street who's father had a house that was sold to him on contract from a Dutch fellow who died halfway through the term (in 1987).  Turns out the seller had no heirs while the buyer just kept sending his monthly payment to the bank without knowing that the bank had sold the escrow arm to a company that closed in 1992.  No one seemed to have the actual deed that should have been released when escrow closed in 1997.  Title had been sitting in limbo ever since.

    After a couple of months of reading Dutch obituaries, finding a bunch of money for the decedent's nephew in escheat, finding the original signed (but not notarized, and therefore worthless) deed to the buyer, pursuing a quiet title action, and being given a home-made bottle of wine from yet another relative, I finally got title to the property.  Piece of junk.  Sold it as-is for a $12K profit a week later.

    @Luke Carl enjoy the ride.  It can be a lot of fun.

  • Rental Property Investor · Charlottesville, VA · Member since 2012 · 1k+ posts · 726 votes
    9y

    @Luke Carl I believe that's what I told you above. But if you did not enjoy the research you just did, find some other type of real estate than distressed/foreclosures. I only get a good one after researching 50-100 so that is very common. You're looking for a needle in a haystack. It can be very rewarding but it is definitely not easy.

  • Rental Property Investor · Olympia, WA · Member since 2012 · 544 posts · 311 votes
    9y
    @William Hochstedler 

    I've never heard of the statute of limitations on something like this. If I don't pay you money I owe you for long enough I don't owe you the money any more? But maybe there's something...

    It is not that you don't owe the money, rather that the courts will no longer enforce the debt if you wait years before atempting to collect it.  Statutes of limitations apply to judicial enforcement of debts.  The limitation on judicial action is put in place as a practical matter.  The older a debt becomes the more difficult and time consuming it becomes for courts to sort out disputes.  Therefore, all states set a practical limit on enforcing debts through the legal system.  In essence, they say if the debt wasn't important enough to for you to attempt to collect on it for X many years, then don't come late to the court and say John Doe owes you money from years ago.

    John Doe may in fact still owe the money, but if the lender waited until the debt is beyond the state's Statute of Limitations before attempting to collect the debt, then John Doe is entitled to claim the Statute of Limitations as his defense.  By establishing that a debt is beyond the Statute of Limitations, John Doe can quickly and easily dismiss any suit his lender may file to enforce collection of the debt.  If, the money was owed on a real estate transaction and the debt is beyond the state's Statute of Limitations, then John Doe can also ask the Court to quiet title in his name, (as you mentioned in your post above) so that even a recorded debt is removed from the title.

    Again, the Statute of Limitations says nothing about whether John Doe actually owes the money, rather it more a matter of whether a reasonable and timely effort was made to enforce collection.  If you wait to long, the Statute of Limitations becomes a defense to enforcement.

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