THE LIENS
DON’T
DISAPPEAR.
THEY MOVE TO CLOSING.
Probate Property With Liens Buffalo NY — Mortgage Payoff IRS Judgment HOA Back Taxes — NCB Cash Buyer
A house in probate with a mortgage, back taxes, IRS lien, or judgment lien is not unsellable. NCB resolves every lien at the closing table from our purchase price — the executor does not need to pre-fund anything. Here is exactly how each lien type works.
NCB is not a law firm. Educational only — not legal advice. Free referrals: Bar Association of Erie County — (716) 852-8687 · Legal Aid Bureau of Buffalo — (716) 853-9555.
With the Owner
When a property owner dies, any liens attached to the property survive. A mortgage doesn’t disappear. An IRS tax lien doesn’t expire. A judgment lien against the deceased stays on the property. The estate inherits the property — and every encumbrance that comes with it.
This is one of the most common reasons executors call NCB. The house has liens the estate can’t pay. The beneficiaries can’t move forward. The estate is stuck. NCB buys the property as-is with all liens in place — the title company does a full search, every lien is identified, and they are all paid simultaneously at closing from NCB’s purchase price. The executor never has to pre-fund a single payoff.
The process: NCB makes a cash offer → title company runs a full lien search → all liens identified and payoff amounts confirmed → court approval obtained → at closing, title company pays every lien from NCB’s purchase price simultaneously → deed transfers to NCB free and clear → estate receives the net amount after all liens are satisfied. One closing. Every lien gone. Call (716) 557-7005 to start.
Resolved at Closing
Each lien type has different characteristics, payoff processes, and resolution requirements. Here is how each works.
The most common lien on Buffalo estate properties. The mortgage lender has a first-priority security interest in the property. NCB’s title company contacts the lender directly to obtain a payoff statement — the exact amount needed to satisfy the mortgage as of the closing date. That amount is paid at closing from NCB’s purchase price. The lender releases the lien. The deed transfers free of the mortgage. The executor does not need to have the funds to pay off the mortgage beforehand.
An IRS tax lien filed against the deceased attaches to all of their property, including real estate. The IRS has federal priority — it must be satisfied before most other creditors. To sell the property, the estate must obtain either a Certificate of Discharge (removes the lien from the specific property) or a Certificate of Subordination (allows a sale to proceed with IRS receiving its portion at closing). This is an additional step your estate attorney and the title company coordinate. NCB has experience purchasing properties with IRS liens — this does not prevent the sale, it adds a processing step of typically 4–8 weeks for IRS processing.
When a creditor wins a judgment against a property owner in New York State, that judgment can be filed as a lien against real property. Judgment liens in Erie County are filed with the county clerk and appear in the title search. Each judgment lien holder must be paid the amount owed before the title can transfer free and clear. NCB’s title company identifies every judgment lien and obtains payoff amounts from each creditor. All are resolved simultaneously at the closing table from NCB’s purchase price.
When a property owner falls behind on HOA dues, the HOA can file a lien against the property. During probate — especially when the property is vacant — HOA arrears can accumulate for months or years. NCB’s title company contacts the HOA directly to obtain the outstanding balance including all dues, special assessments, late fees, and legal costs. The full amount is paid at closing from NCB’s purchase price. The executor does not need to pre-fund HOA arrears or negotiate with the HOA prior to closing.
Unpaid Erie County property taxes create a tax lien on the property. In New York, Erie County can pursue tax foreclosure proceedings independently of the probate process — meaning the estate could lose the property to Erie County tax foreclosure even while probate is open. NCB pays all delinquent property taxes at closing including penalties, interest, and any municipal charges. This stops the tax foreclosure clock immediately. For a full guide on this specific situation, see: Probate Property With Back Taxes →
Probate Property
With Liens — FAQ
What if the liens exceed what the property is worth?
This is called an underwater or insolvent estate. If total liens exceed the property’s fair market value, the executor may not be able to satisfy all creditors through a sale. In this situation, lien holders are paid in priority order — secured creditors (mortgage, IRS, tax liens) first, then judgment liens, then unsecured creditors. The estate receives nothing. The executor should consult an estate attorney immediately in this situation. NCB can still make an offer on the property — the title company determines the exact payoff order and amounts, and NCB’s purchase price covers what it covers in priority order.
Does the executor have to pay off the liens before selling to NCB?
No. The executor does not need to pre-fund any lien payoff. NCB’s purchase price funds the closing — the title company pays all liens simultaneously from that amount. The executor signs the deed and the estate receives the net proceeds after all liens are satisfied. This is one of the primary reasons executors choose NCB over a traditional listing: there is no requirement to bring cash to closing to pay off the liens before the property can transfer.
How does NCB determine the offer price when there are liens?
NCB makes a cash offer based on the property’s as-is market value — the offer is based on the property’s condition and market, not on the liens attached to it. The liens are a closing cost, not a reduction in the offer price per se. The net amount the estate receives is NCB’s offer price minus the total lien payoffs. NCB provides a clear written breakdown showing the offer, each lien payoff, and the net amount the estate receives so the executor has full transparency before signing anything.
Does an IRS lien prevent the sale from closing quickly?
An IRS lien adds processing time — the IRS typically takes 4–8 weeks to issue a Certificate of Discharge after a properly completed application is submitted. This runs alongside the court approval process in most estates, so the total delay to closing is often less than 4–8 weeks depending on where the IRS application and court approval process overlap. Your estate attorney coordinates the IRS discharge application. NCB holds our offer firm throughout this process.
What happens if a lien holder won’t cooperate or can’t be located?
When a judgment creditor cannot be located, the title company works with the estate attorney to attempt service and, if necessary, petition the court for an order allowing the sale to proceed. Zombie liens — old liens where the creditor has gone out of business — can be cleared through a quiet title action. These are unusual situations your estate attorney handles. NCB has experience with complex lien situations and will work through the process with your attorney rather than walking away.
Can the estate sell the property if the mortgage is in default?
Yes. A mortgage in default does not prevent the sale — it means the lender may have already started or be planning foreclosure proceedings. Selling to NCB before foreclosure is complete stops that process, pays off the lender in full from NCB’s purchase price, and closes the matter cleanly. Once the mortgage is paid off at closing, the lender has no further claims. The executor should not wait — contact NCB immediately at (716) 557-7005 if the mortgage is in default and the property is in an open estate.
Nickel City Buyers — Probate Property With Liens — Buffalo & Erie County NY Since 2013
Nickel City Buyers, LLC is not a law firm. Located at 3842 Harlem Rd STE 400-339, Cheektowaga, NY 14215. Phone: (716) 557-7005. Erie County Surrogate’s Court: 92 Franklin St, 2nd Floor, Buffalo NY 14202 — (716) 845-2560. We pay all liens at closing — mortgage payoff, IRS tax liens, judgment liens, HOA arrears, Erie County back taxes. We serve Buffalo, Cheektowaga, Amherst, Tonawanda, Lackawanna, West Seneca, Hamburg, Orchard Park, Lancaster, Depew, Kenmore, Williamsville, East Aurora, Clarence, Akron, Grand Island, Niagara Falls, Lockport, North Tonawanda, Lewiston, Newfane, Pendleton. A+ BBB. 5.0 Google. 300+ homes since 2013. Probate Hub →
LIENS RESOLVED.
AT CLOSING.
NCB pays every lien from our purchase price. The executor brings nothing to closing. Cash offer in 24 hours.