Tax Foreclosure Title Issue - would you buy this property?

Tax Foreclosure Title Issue - would you buy this property?

Investor · Round Lake, NY · Member since 2016 · 10 posts · 1 vote
We're all set to buy a 3-family in a tax foreclosure auction from the City of Troy, NY. Property has been awarded to us and all we'd have to do is close. Issues are: -our attorney ran a title search which showed that the person who owned the property when it was foreclosed is deceased and his heirs weren't notified of the tax sale. Attorney said for this reason we can't get title insurance. -woman at City Hall who does title stuff says she did serve all 5 heirs. We believe she can document this and are working to confirm. -we subsequently found out that NY has a 2 year statute of limitations for foreclosed properties like this. Other attorneys have told us this means that after 2 years we should be able to get title insurance, but during that 2 year period there is no way to get title insurance regardless of the situation w the heirs being served. We would want to take a mortgage out after those 2 years are up. So, my question is: if the woman at City Hall has proof that all 5 heirs of the deceased previous owner of the home were served, are we fairly safe to buy the house? Also, is there anything else we can do? I've asked around about quiet title action and have been told that's not an option. If you have been in a similar situation and have any other advice I'd very much appreciate.
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Investor · Scottsdale, AZ · Member since 2016 · 1k+ posts · 885 votes
9y

@Becky Comish You paid attorneys to give you advice. Why would you take the advice of people you have never met? Either take your attorney's advice or fire them and get one that will tell you what you want to hear. We have no idea what the rules are in Round Lake. I Don't mean to be mean. I just mean for you to be a good steward of your money and property.

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  • Investor · Scottsdale, AZ · Member since 2016 · 1k+ posts · 885 votes
    9y

    @Becky Comish You paid attorneys to give you advice. Why would you take the advice of people you have never met? Either take your attorney's advice or fire them and get one that will tell you what you want to hear. We have no idea what the rules are in Round Lake. I Don't mean to be mean. I just mean for you to be a good steward of your money and property.

  • Troy, NY · Member since 2016 · 2 posts · 1 vote
    9y

    Becky, I haven't purchased from the Troy foreclosure sales, but a friend of mine did a few months back. I don't think he ran into this issue but I'll ask him about how title insurance went for his situation. I think it was a three family as well.

    From my discussions with other local investors, many won't go this route due to the high risk on these sales, but there is ooportunity for very good returns with the low purchase prices.

  • Investor · Round Lake, NY · Member since 2016 · 10 posts · 1 vote
    9y
    John thanks that would be amazing! I'd love to know if there is a title insurance company that is willing to issue insurance on these properties.
  • Broker · Logan, UT · Member since 2013 · 1k+ posts · 1k+ votes
    9y

    Why is quieting title not an option?  This is the kind of thing that it's for.

  • Ned CareyPro Member
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    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    9y

    @Becky Comish this isn't a simple question. There is a difference between good title and insurable title.  Many title companies will not insure a good title if they feel there is a risk they may have to spend money to defend that title.

    Different title companies  may give you different answers. Different underwriters (the national title  companies) will have  different guidelines. it may be worth speaking to a few different ones. 

    Generally if you can show that all appropriate parties were served you can find someone to insure it. However serving the heirs may not be the appropriate thing to do.  Here in MD, my attorney serves the estate and if no estate is opened, he will petition to open one.

    As @William Hochstedler a quiet title action may be an answer for you.

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

    @Becky Comish To settle this you are likely going to do some litigation and it is going to take some time. So really the question is, is the property worth the attorney's fees,time and hassle involved?

    And it will be a gamble because you can't really answer that question for sure. Let's just say one of the heir gets it set in their head that they will fight you no matter the cost. Then everyone loses.

    If it's a really, really smoking deal or I had a relative that was an attorney willing to work on it for free I would pursue it a ways. Otherwise I would let it go.

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