Legal Question in Real Estate Law in New Mexico
Partition Suit
In the upcoming months I may be party to a partition suit filed against me by a joint tenant in common on my property who voluntarily left last year and stopped paying mortgage in April.
I intend to fight the suit if a settlement can not be reached prior. After 2 months of testy negotiations I am getting frustrated and intend to fight if it comes to it.
In general how long does a partition suit take in New York. I am on Long Island.
1 Answer from Attorneys
Re: Partition Suit
It can take years.
Procedure (basically) is as follows:
Search conducted as to all entities having liens against the property.
Summons and complaint served with notice of pendency.
Discovery as to value of property and unreimbursed improvements.
Motion for summary judgment as to issue of right of partition (if other side does not consent).
Referee appointed to set value of property and proceed with sale.
Application filed as to sale (similar to foreclosure).
Sale of property.
Application filed to confirm sale and division of net proceeds.
Referee divides proceeds derived from sale.
Mike.
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