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Anyone with Partition of Licitation experience? (Plaintiff)

Posted on 6/10/13 at 7:30 pm
Posted by CharleyLake
Member since Oct 2006
1323 posts
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.
Posted by rmc
Truth or Consequences
Member since Sep 2004
26488 posts
Posted on 6/10/13 at 8:16 pm to
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.
This post was edited on 6/10/13 at 9:52 pm
Posted by Cold Cous Cous
Bucktown, La.
Member since Oct 2003
15042 posts
Posted on 6/10/13 at 8:50 pm to
quote:

rmc


I would literally not even known how to begin answering this question. I should have gone to Southern.
Posted by rmc
Truth or Consequences
Member since Sep 2004
26488 posts
Posted on 6/10/13 at 9:51 pm to


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 by CharleyLake
Member since Oct 2006
1323 posts
Posted on 6/11/13 at 6:04 am to
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?
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 6/11/13 at 6:38 am to
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 by rmc
Truth or Consequences
Member since Sep 2004
26488 posts
Posted on 6/11/13 at 7:17 am to
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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