Buying a Mortgage Note and how to leverage it

[Ray Hayward]

Hello, I am looking into buying a Mortgage Note and have a verbal agreement with the bank.  The property has been abandoned and unpaid for almost 10 years.  I was hoping to buy the Note to be able to do an environmental study before foreclosing the property.  However, I am learning that by owning the note does not give me the right to access the property.

Is there an innovative way to facilitate an environmental study if I buy the note?  

Also, I would be purchasing the note from bank first in line, but there is a municipal lien in first place.  If someone else attempts to foreclosure the property, what is the risk of my position?

[Davido Davido]

As a matter of law, it is not possible to trespass when property has been "abandoned".   So an owner who has expressly or implicitly "abandoned" RE has no standing to complain about what another does with it.   If, it is abandoned, then not only you, but anyone has the right to access the property.  In States like mine, WA.  Abandonment of real property is a written as a recognized defense right into our trespass statute. 

RCW 9A.52.090

Criminal trespass—Defenses.

In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a defense that:(1) A building involved in an offense under RCW 9A.52.070 was abandoned; or...