My question involves real estate located in the State of: New York
My attorney has said my case has put me in the wild west as in it is a new frontier... or at least is very unusual. I was in the process of purchasing an REO property with one acre of land, we were in the home stretch we did a title search and found issues on the title. I went through the town records and found that before the house was built, the parcel was one 4 acre lot, then divided into a one acre lot that the house was built on and a 3 acre lot directly behind it which was owned by the person who built the house wife. Ten years later the woman passed away, and the land was recombined. Then the man sells the house and the land to another individual and my problems begin. This individual had issues. They began feeding kittens to snakes and set up a motor bike course in their yard and stopped paying their mortgage, so the house was foreclosed on. However they only foreclosed on one acre of land leaving 3 acres behind the house with no access road, owned by the person they foreclosed on. I'm not sure if this was a clerical error, or they only mortgaged one acre of land. Meanwhile the foreclosing bank has been paying taxes on four acres of land, and a lien exists on 3 acres for a car that was repossessed(only 4400). We were able to track down the owner who had no idea they owned the land. We have been trying to get a hold of them again to purchase the land and clear the title, but they never answer the phone probably due to debt collectors. They also don't answer the door, as I have gone to their new residence twice, and judging by the state of their house they are still in hard ways.
Now I trust my attorney, but I'm desperate and looking for other ways out of this other than walking away. Our current plan is buy the landlocked land behind the house, but we can't get a hold of the guy, and to be honest I'm afraid to knock on his door again. Or to resurvey the land subdivide it and grant an easement to the back lot.
In case you were wondering did the bank know they didn't have clear title. They did know, we were forwarded an email where they were made aware of the issue and someone later said it was all clear.
Does my attorneys assessment seem accurate, buy the land behind the house, or subdivide and grant easement? The lay of the land is approx 150X800 so it doesn't really play well with a potential additional drive way.
My attorney has said my case has put me in the wild west as in it is a new frontier... or at least is very unusual. I was in the process of purchasing an REO property with one acre of land, we were in the home stretch we did a title search and found issues on the title. I went through the town records and found that before the house was built, the parcel was one 4 acre lot, then divided into a one acre lot that the house was built on and a 3 acre lot directly behind it which was owned by the person who built the house wife. Ten years later the woman passed away, and the land was recombined. Then the man sells the house and the land to another individual and my problems begin. This individual had issues. They began feeding kittens to snakes and set up a motor bike course in their yard and stopped paying their mortgage, so the house was foreclosed on. However they only foreclosed on one acre of land leaving 3 acres behind the house with no access road, owned by the person they foreclosed on. I'm not sure if this was a clerical error, or they only mortgaged one acre of land. Meanwhile the foreclosing bank has been paying taxes on four acres of land, and a lien exists on 3 acres for a car that was repossessed(only 4400). We were able to track down the owner who had no idea they owned the land. We have been trying to get a hold of them again to purchase the land and clear the title, but they never answer the phone probably due to debt collectors. They also don't answer the door, as I have gone to their new residence twice, and judging by the state of their house they are still in hard ways.
Now I trust my attorney, but I'm desperate and looking for other ways out of this other than walking away. Our current plan is buy the landlocked land behind the house, but we can't get a hold of the guy, and to be honest I'm afraid to knock on his door again. Or to resurvey the land subdivide it and grant an easement to the back lot.
In case you were wondering did the bank know they didn't have clear title. They did know, we were forwarded an email where they were made aware of the issue and someone later said it was all clear.
Does my attorneys assessment seem accurate, buy the land behind the house, or subdivide and grant easement? The lay of the land is approx 150X800 so it doesn't really play well with a potential additional drive way.
Title Defects: Reo Property with Land Locked Land Behind It with a Lien on It to Boot
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