Litigators are, for lack of better words, backwards looking, evaluating the merits/reasonableness of a prior decision - Like arguing with the person riding shotgun about a missed left turn.Transactional practitioners, broadly speaking, are like Google maps PLUS Waze.  

@Erik W.Your idea certainly has some merit.  

Regardless of which direction I choose first, I see merits to both.

Each has their approach and has it's own merit.

If record owners are deceased, you need to first determine if the opportunity has merit.

Value the appreciation card sitting in your back pocket and hope you can play it in the future.I have absolutely zero interest in engaging in a(nother) rehash conversation pitting the merits of a cash-flow driven investment style against a total-return driven one. 

The only deals I have invested over the past 2 months was a direct deal with a self storage operator (Reliant) and a direct deal with a mobile home park sponsor (Gelt)A Crowdstreet offering that closes at the end of the month has a great deal of merit.

Then the tertiary sources of repayment from our OP's personal financial assets may cover some additional losses.Now with a long track record of great tenants, insurance, excess free cash flow with tight covenants, and full collateral and personal guarantee, the bank's still wont underwrite to the merits of the property? 

You can be the pilot or the passenger...both have their merits.  

Should you take each one as different property and analyze on it own merits.