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Started By
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Anyone with Partition of Licitation experience? (Plaintiff)
Posted on 6/10/13 at 7:30 pm
Posted on 6/10/13 at 7:30 pm
Is it a private or public sale? I have heard both.
Is a lawyer necessary to bid?
Typically how much cash is necessary at the sheriff's sale?
Any other guidance will be appreciated.
Is a lawyer necessary to bid?
Typically how much cash is necessary at the sheriff's sale?
Any other guidance will be appreciated.
Posted on 6/10/13 at 8:16 pm to CharleyLake
If it's a private sale you really shouldn't be filing a partition. You'd just do an extra-judicial sale everyone agrees upon. So, in every instance I've ever messed with them it is public (sheriff's sale).
A lawyer is not necessary to bid.
All of the cash is necessary less your interest in the property, if any. In other words, if you bought it for $500,000 and your interest was $100,000 you need to come up with $400,000 + sheriff's cost, clerk's cost, sheriff's commissions, etc.
Ask any other questions you have.
A lawyer is not necessary to bid.
All of the cash is necessary less your interest in the property, if any. In other words, if you bought it for $500,000 and your interest was $100,000 you need to come up with $400,000 + sheriff's cost, clerk's cost, sheriff's commissions, etc.
Ask any other questions you have.
This post was edited on 6/10/13 at 9:52 pm
Posted on 6/10/13 at 8:50 pm to rmc
quote:
rmc
I would literally not even known how to begin answering this question. I should have gone to Southern.
Posted on 6/10/13 at 9:51 pm to Cold Cous Cous
It's one of those oddities I've had a chance to handle.
quote:
I should have gone to Southern.
I wouldn't wish that on my worst enemy.
Posted on 6/11/13 at 6:04 am to rmc
Thanks rmc,
There was an offer to purchase the real estate.
There are multiple owners. I discovered that a non-family member purchased three percent about 30 years ago by paying delinquent taxes.
Conceptually a judge could do a Partition in Kind where the three percent owner would be awarded a strip of land-only because he has property that is contiguous to ours.
I suspect that it would require quite a bit of coordination to have all of the joint owners to participate. If a subset of owners, say 4(of 20) bid the highest amount, for example, would they be awarded full ownership?
Is cash needed on the day of the sale? 100% of the amount?
There was an offer to purchase the real estate.
There are multiple owners. I discovered that a non-family member purchased three percent about 30 years ago by paying delinquent taxes.
Conceptually a judge could do a Partition in Kind where the three percent owner would be awarded a strip of land-only because he has property that is contiguous to ours.
I suspect that it would require quite a bit of coordination to have all of the joint owners to participate. If a subset of owners, say 4(of 20) bid the highest amount, for example, would they be awarded full ownership?
Is cash needed on the day of the sale? 100% of the amount?
Posted on 6/11/13 at 6:38 am to CharleyLake
quote:
Is cash needed on the day of the sale? 100% of the amount?
Yes, but a bank letter line of credit will work too!
Posted on 6/11/13 at 7:17 am to CharleyLake
quote:
I suspect that it would require quite a bit of coordination to have all of the joint owners to participate. If a subset of owners, say 4(of 20) bid the highest amount, for example, would they be awarded full ownership? Is cash needed on the day of the sale? 100% of the amount?
Sales with more than 3-4 owners are usually tough logistically, but they can get done. Usually, a patient buyer is needed.
Whoever bids the most wins. So in your scenario, the 4 would take it.
It depends on the sheriff's department. Some give you 2-3 days, some give you until 2 PM that day. I've never had any say they'd take a letter of credit but some might.
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