Legal Question in Real Estate Law in New York

Illegal Sale of Property

My Grandfather was born and died in a home purchased by HIS Grandfather in 1898- in 1901 he transferred the deed to his wife Mary for $1. No new deed was ever issued. His Grandparents had 6 children- each of whom had children. Upon my grandfathers passing, we were told it would be too difficult to sell the property as their were too many decendents- while very sad- it was agreed by those who were in contact that the house would go for taxes to the state of NY. Tax Liens were imposed, etc. and just prior to going up for forclosure- someone (a relative- but not one of the original decendents- in fact a child by a second marriage) came in, paid the tax lien, presented a false affidavit to the title Co. claiming he was the decendent of My Great-Great Grandmother & obtained title to the house & has sold it. This person is also a Vice President of a very well know Real Estate Company in NY...this is clearly illegal isn't it? He had no legal right to the property & presented false docs - what can we do, if anything? All the original decendents &/or their children are scattered about- don't know if we can contact all.


Asked on 5/05/05, 9:28 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Illegal Sale of Property

There is nothing "clear" about the alledged "illegality" of this matter. Nor about what it is that you want to know, or do about this matter.

If the property was purchased at a tax sale, by a relative or descendant of the orginal owner, how would that be illegal?

Is it your claim that the purchaser was or should have been required to do a "Due Diligent" search for ALL of his relatives, and forebears and descendants, before taking the property out of tax foreclosure? Or, that he by virtue of his being a relative, had an affirmative obligation to ask relatives, (that you say, agreed to "Let" the property go, whether he could purchase it from the state?

Or, are you saying that the purchaser's alleged misrepresentations caused certain other unnamed, and unknown relatives and descendants to loose their rights, title and interest in property, that they had?

Please note, the law and courts tend to support "cut offs" of interest in property, in order to enforce notions of stability and certainty of property ownership rights.

Good luck,

Phroska L. McAlister,ESq

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Answered on 5/05/05, 12:45 pm


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