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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35833
Experience:  16 years real estate, Realtor. Landlord 26 years
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My neighbor had a stroke in 2014. His mother filed bancrupcy

Customer Question

My neighbor had a stroke in 2014. His mother filed bancrupcy on house and it has been cleared. Since then my neighbor died and we cannot find out which bank owns property. The lawyer handling case said it was a bank in Florida however is sure it has been sold as he cannot find out information also. We have been caring for the yard for two years and would like to purchase property. Would we be entitled to a quiet deed?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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"Would we be entitled to a quiet deed?"
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The short answer is no, and this is the long explanation of why. In order to be able to claim legal ownership of the property through taking care of it and using it, you would have to maintain "exclusive, hostile, and continuous possession" of it for the statutorily prescribed period of time required under "Adverse Possession" in Ohio. In Ohio the period of time for adverse possession must be at least twenty-one (21) years. Ohio Code §2305.04.
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So you would have to take care of the place and keep anyone out of it for 21 years before you could file a quiet title action and claim it as your own.
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With that said, if you contact the local tax assessor or county clerk's office they should be able to tell you who the record owner is and also give you their mailing address as these are public records. Once the bank foreclosed on the property and sold it at auction, if they bought it back, it would go back in their name through a new deed. So you can find out who is the legal owner with a little investigative work and contact them to see if they would sell for a reasonable price.
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thanks
Barrister