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  #1  
Old 04-28-2005, 10:43 AM
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Join Date: Apr 2005
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Unhappy

Forced Sale on Real Estate Property


What is the name of your state?What is the name of your state? Maryland

I am about to file for a forced sale on real estate property that I own along with another person but I am afraid I will be getting the worse end of the deal. The property consists of 48 acres with aprox. 8 acres clear and 40 acres in woods. I have a 2900 Sq. Ft home on this property and the other owner has a single wide trailer with approx. 900 Sq. ft. The other owner also has a son living in another single wide trailer on this property that is just about to fall apart. 20 years ago we purchased this property and agreed that the son could place a trailer there to live until he saved enough money to purchase property of his own. Well 20 years went by and the son has never moved. I let this go on because I didn't want to cause any problems. Finally I had enough and told the other owner that either the son moves off the property or the property needs to go on the market for sale. It was agreed to place the property on the market and sell it. The property was on the market for approx. 6 months when the contract was up with the Realty Company and the owner had gotten very sick so we decided to wait. The owner passed away approx. 1 year after this and his ownership of the property went to his wife. I tried talking to her about the situation but she refuses to do anything. Many things have happened on the property and I know it is her son doing it but I am told she can do what ever she likes because she is an owner also. I finally had enough and went to a lawyer. The lawyer and I wrote a letter to the owners lawyer telling him that we were giving the owner 2 options. The 1st option was to buy my share of the property and I would move - the 2nd was to place the property on the market and sell it. If she refused to do either of those options I was going to file for a forced sale on the property causing both of us un-needed expenses. The letter was delivered January 1, 2005 and the owner had 30 days to decide what she wants to do. It is now April 28, 2005 and my lawyer has called her lawyer several times but gets no return calls. My lawyer called me and told me it was time to file for the forced sale. I don't understand the full thrust of a forced sale and I am worried I may be getting the worse end of the deal. I need some advise or at least some understanding of my rights as the person filing the forced sale. There is no chance of sitting down with her and trying to work things out.

Thank you
  #2  
Old 04-28-2005, 05:41 PM
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Join Date: Mar 2005
Posts: 518

your suing for partition


search on that and there is lots to study
  #3  
Old 04-28-2005, 05:47 PM
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Join Date: Jun 2004
Location: "Harvey and Me"
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Quote:
Originally Posted by John Se
search on that and there is lots to study
A partition in kind.

Otherwise, the house and all other 'improvements' will be included in the sale and I DON'T think you want that.
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