Finding authorized seller for defunct Church, adverse possession?

Question

Hi everyone,

I'm trying to find the owner of a vacant property whose last owner is listed as a church. After visiting the state website, the only church listed in that name ended over 9 years ago. I've tried calling the county offices but they won't give me any contact names for the previous entity.

I sent a letter to the previous owner, and she actually responded! It wasn't much help since she didn't have any specific names for me.

Any suggestions on how to proceed would be greatly appreciated! Also, I've seen a few mentions of adverse possession deals. Has anyone done this in Ohio?

Vic Delgado

Vic Delgado · Answer

Thanks for the replies everyone!

I have found the names of people on the State Of Ohio's website for the defunct church, but have had a difficult time locating any of them. Also, there were several churches with the same name in different areas. I will try using a title company as I hadn't considered that yet, or using the previous mortgage information.

Davido Davido · Answer

@Vic Delgado,  Based on the limited information you've posted here, do consider taking over the property as your own.   The law permits any person to assume possession of an "abandoned" property.   The key is whether or not the property had actually been abandoned.  Research the term "abandon", "abandoned" and "implicit abandonment" under Ohio statute.

I have not done an Adverse Possession in Ohio and do not know your local laws but the principles are very similar throughout the country.   Your post did not specify whether the property is improved (structures) or unimproved.  Either way the principles are the same.   Lawfully, taking over a vacant, apparently abandoned property that you have no claim of title to, requires taking all steps you can think of to establish that the legal owner has "implicitly abandoned" the property.  Abandonment (implicit or explicit) is a defense against a charge of trespass.

In order to establish implicit abandonment, send certified mail to the owner's address(s) of record, do online searches and record each step and each result, talk to known relatives of the owner or the founder(s), take photos and videos tending to show that no one is maintaining the property and particularly that doors and/or windows were/are open/unlocked ,etc.

Your goal would to be able to establish a legally cognizable claim, based on the facts you gathered, to the effect that any reasonable person would conclude the owner had "implicitly abandoned" the property.  Such facts would be evidence showing the neither the owner nor anyone with owner authority has been present for years, no one is maintaining the property, the owner(s) and heirs can not be found through any normal and reasonable method.

It is lawfully to possess a property that you can show was "implicitly abandoned".   Once in possession you can even rent the property to another party.  In issues involving real estate possession is important.  Note however, that if you improve an apparently abandoned property and the legal owner, or an heir to the legal owner subsequently shows up to claim it, the courts will generally not enforce reimbursement for the improvements you made to property you did not own.  Also a legal owner who shows up after you've taken possession of his/her property without authorization is entitled to receive the fair market rents for the period that you possessed their property without their permission.   Again the key is to establish that from the facts you've gathered, any reasonable person would conclude the property was abandoned.

If you did rent a property that you do not own, I suggest making it clear in your rental agreement that XXX is the owner. Simply state that the owner is away, and that you are preserving and renting the property until such unknown or unspecified time as the owner returns.

I would also not improve the property with my own funds.  However, I would be inclined to tell any tenant that all or a percentage of the rent can be applied toward materials used to improve the property, - if the tenant will provide the labor necessary for improvements.   That way your tenant is providing both the funds and the labor to improve an asset that you  control.   In my area (Western WA) there are always people looking for free or reduced rent in return for home improvements, remodeling and/or handyman work.

Finally, after you've successfully used, rented, and managed the property for long enough, you would be entitled to petition your local court for title to it under the Ohio adverse possession statute.   However, it is also possible to simply continue using it as your own and to continue collecting rents with out ever getting title.  Controlling properties that are not legally yours does have some unique advantages.  Privacy and asset protection benefits are one example -it is unlikely that someone could find you, much less sue you for RE that has never been in your name or the name of any entity associated with you.  The ability to control funds or income that are legally the tax liability of the owner on title is another.

Best wishes.  Do let us know if you decide to pursue this property.

David K. · Answer

@Vic Delgado that's an interesting situation, and I think there are a few different ways you could tackle it. When you say "state records," do you mean the Ohio Secretary of State website? Even if the entity is defunct it is possible that some of the filings themselves contain the names of owners/leaders of the entity. For example, some entities have the owner listed as the Agent. Sometimes third-party service agents are used, but even then the third-party service may be able to either give you the information you seek or at least relay your request to the owner. Or, the owner may be listed as an incorporator or named somewhere tucked in some of the filings.

When you search the Cuyahoga records (I'm assuming it's in Cuyahoga?) who does it list for purposes of sending tax information? Are the taxes current on the property? Also, and this can be a bit of a pain to search, but if you search the recorder's office perhaps there is a mortgage or something where there is an individual co-obligor besides the entity.

Another option if it is a former non-profit is too see if you can search online for the owner. There are a lot of non-profit trackers out there that could provide info. Or maybe even a Google search limited in time to when the church was active could reveal an article or something to indicate the owner of the Church, and hence the property.

Just a couple of initial knee-jerk thoughts.

Wayne Brooks · Answer

The county only had the information listed. You could try to track down the individuals that were listed in the corporate/church entity records in your Secretary if State filings.

Bob Collett · Answer

Check the county auditor for the owner of the building or Ask a title agent to do a records search.

Vic Delgado · Answer

@Bob Collett, the owner is listed as a Church. State Records show that both filings of the Church ended around 2000, and the county won’t give me a contact for the church.

Igor T. · Answer

It is actually very typical situation. I have 3 lots on my street owned by a church that don't exist for many years. As they don't have property tax, the city don't foreclose. There are people who claim such properties, but it is not completely legal way.

Bob Collett · Answer

Who is the legal owner of the property? An individual or a corporation?