Gloversville, NY asked in Tax Law, Bankruptcy, Foreclosure and Real Estate Law for New York

Q: House is a zombie property, bank discharged mortgage, how to buy from prior owners if they divorced, before tax auction?

I live in New York and a property near me has been vacant for many years, at least 6. I found the husband of the previous owners who has no contact with the EX wife and he said the bank ordered them to vacate and not return. The bank basically stonewalled me, but eventually told me they have no interest in the property at this point. The property has a large tax bill due as the bank and prior owners haven’t paid since 2014.

I want to buy this house before a tax auction, potentially thru a quitclaim. How?

I want to confirm the bank has no interest, do I ask the prior owner to call the bank and give authorization to speak with me about it or is there another way as he probably won’t? The discharge of mortgage is recorded with the county.

The spouse is nowhere to be found, how do I work around this?

What are the steps I need to take to buy this eyesore for our neighborhood?

If there is a thread that explains some or this whole situation, I appreciate the heads up!

2 Lawyer Answers

A: Based on your post, the title owner is going to have to sign a deed. If title is in the name of the ex-wife alone, you are going to have to find her. Anyone can be found.

A: You have to purchase through the current owners. Which means both of them to get clear title. You can get partial title from the husband, which would mean you could occupy and pay off the taxes if you wanted.

If you need help reach out to an attorney that understands deeds.

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