Non-exempt property

We live in Minnesota. We filed for bankruptcy in 1998. Part of that included our farm. We were allowed to exempt 160 acres of the 200 acre farm. We designated the specific description of the 40 acres that was to be non-exempt. The Bankruptcy Judge later sold 40 acres but used the wrong description. The subtle differences in the description were not detected until we were notified that the new owner actually bought the wrong property about 14 months after it was done. The wrong property includes part of our building site and our home. Our attorney took this to court but a Judge determined it was past the 1 year limitation and could not be corrected. Is there anything we can do now.

No responses and this has moved to Page 2. Any responses after 1/19 please post as a new message.

[nailtech]

did these people know they were buying half a house. how does one buy half/part of a house... will they swap with you for the right 40 acres? have you asked? since they wont be able to live in the house and how much of your house did they buy? I'm wondering if you have a morgage on the house, will the bank do something about it, who pays the taxes on the house?

I was bumping this up to the top for you... hope it helps...

The buyer may have been well aware of the error. He is a local banker that has been after this property for a long time. You and I both know you can't buy half a house. We do not speak with him and know that he has something in mind to try to force us to sell the whole property. We have no mortgage on the property. It is wholely owned. We pay the taxes as our only ownership cost.

We believe, without proof, that he caused the error. It makes no sense for a judge to not allow the correction solely because it was not found until after the time allowed.

Posting again to get it back up to Page 1. Still need an answer.

Dear garypuro,

Your only option is to have your attorney appeal the bankruptcy judge's ruling on this matter. I doubt you will have much success; however, because it was up to you to review the ruling and make sure they weren't selling the wrong part of your property. Because you failed to do this within the time allowed you have lost your rights to that property.

To nailtech:

They can buy land with half a house on it. They own the land underneath the house. The people in the house will now have to negotiate with the landowner for a lease on the land that their home occupies. Alternately, the new owner can go to court and attempt to get an order to remove the structure from their land.


[email]JASON@LEGISLATOR.COM[/email]

[nailtech]

Originally posted by JasonRT
Dear garypuro,

Your only option is to have your attorney appeal the bankruptcy judge's ruling on this matter. I doubt you will have much success; however, because it was up to you to review the ruling and make sure they weren't selling the wrong part of your property. Because you failed to do this within the time allowed you have lost your rights to that property.

To nailtech:

They can buy land with half a house on it. They own the land underneath the house. The people in the house will now have to negotiate with the landowner for a lease on the land that their home occupies. Alternately, the new owner can go to court and attempt to get an order to remove the structure from their land.


[email]JASON@LEGISLATOR.COM[/email]

ya know, sometimes the world just revolves around backwards in my opinion...
can they not get them for their half of the taxes that they did not pay from the time they bought the 1/2 of the house and barn if they make them try and sell or get an easment for their half they occupy? this sure is a tangled mess...