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Updated over 7 years ago,
Tax Foreclosure Title Issue - would you buy this property?
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.