Legal Question in Civil Litigation in Maryland
Court procedures
With regards to a Partition action concerning the forced sale of a piece of property. Upon judgement and the appointment of a trustee, how many options are there in which the property is to be sold? I'm aware of a judicial sale, but are there others? And what determines which option is used?
Also, after a reply is sent to the court and plaintiff by the defendant, what is the average time before the case goes to court?
1 Answer from Attorneys
Re: Court procedures
You do not indicate the cause for the judicial order (e.g., bankruptcy, domestic order, non-payment of lien, etc.) Another factor is the equity that is held, if any, in the property.
Typically a forced sale will be registered for effect through auction or other conveyance of equitable ownership. The basis of the order as well as the basis of the action under which the sale originates will determine the time period upon which the court will ratify equitable ownership.
The marketability of the property may also affect the timeliness of a conveyance to a prospective buyer. You should have representation during this process to ensure that your interest is represented. Contact an attorney.
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