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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33767
Experience:  15 years real estate, Realtor. Landlord 26 years
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In a partion lawsuit if 2 sibling coown a house and the

Customer Question

In a partion lawsuit if 2 sibling coown a house and the P{lantiff is granted a Supremem Court ordered public auction sale of the house, Can the plaintiff buy her Own house from the public auction? If so, is she automatically granted right of first refusal 2 buy the house herslf from the auction , or must she bid with any or all public parties and therefore outbid all other potential buyers, in order 2 purchase her own house from the public aution? Thank you
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can the plaintiff buy her Own house from the public auction?

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Yes, the partition sale is normally a public auction, so anyone can bid, even the current owners of the property. That is one of the primary reasons people file partition actions...to force a sale so they can buy out the other person if they won't sell voluntarily.

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If so, is she automatically granted right of first refusal 2 buy the house herslf from the auction , or must she bid with any or all public parties and therefore outbid all other potential buyers, in order 2 purchase her own house from the public aution?

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This is a public auction... so anyone and everyone can bid. If one owner wants to buy the property, they must outbid everyone else....the public, and the other owners and be the highest bidder when the auctioneer drops the hammer.

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thanks

Barrister

Customer: replied 4 months ago.
Unfortunately I forgot to mention that this partiton action/public auction of my sole residence was in New York state.I'm not sure whether the laws on partiton actions vary from state to state. However, if so, please inform me, if your answer is not true for New York. If however, your answer does apply in Suffolk County, New York, thank you very much for your quick response. Its the ONLY legal help I ever got in this case and was greatly appreciated. Much Thanks.
Expert:  Barrister replied 4 months ago.

I apologize for the delay, was out of my office until just now..

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And yes, partition actions are uniform across the entire US and they are an absolute right of any owner to request. So even if you had appeared for the hearing, it would have gone the same way. One owner can't force another owner to continue to own property with them if they want to sell and "cash out" or if they want to try and purchase to be the sole owner.

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thanks

Barrister

Customer: replied 4 months ago.
Thank u for your response unfortunately there was NO hearing . It was all decided via e filed documents from the Plaintiff(who is a 35 yr seasoned real estate attorney)"s Attorney (who was a senior partner in a very prestigious firm). As a lay person I never knew it was even possible for that to happen. Plaintiff(my sister lied in her documents but neither she nor I ever even got to see the judge herself in court. Judge eventually ruled for Plaintiff via granted summary judgement to her. All I ever did was a self filed opposition to action, although I never even presented any of my eveidence that the Plaintiff was lying and misrepresenting all her financial and other claims. the Only thing I ever discussed in my opposition was the fact that I am disabled with a potentially lifethreathening autoimmune disease and I provided doctors letters to verfy. My doctors letter verified this fact and also the fact that I am losing my vision,despite 8 retina surgeries thusfar. My sister the Plaintiff was well aware of my non curable autoimmune disease and severe eye problems(she's my sister and has know my many medical problems which have existed since childhood.some such as my severe myopia were even congenital.Yet,she denied I even had medical problems .(Incidentally , NO I do not receive ANY govt. financial assistance.I work and I work as hard and as long as my body will allow(and always Have) Anyway, the case was decided without me ever even having been able to meet the judge or have my day in court.I now face ,loss of my current job,&health insurance,as well as homeless and destitution. Its tragic there is NO free legal aid for defendants in partition action lawsuits in New York state, who can Not afford an attorney retainer .Thanks so much for being the sole legal advice I could Ever got, in this case. Plaintiff is now offering me less than 1/11 the true market value of house, or else she will buy it buy it herself from public auction(which is what the judge who never met either of us and never heard any of my evidence,of all the bills I'd been paying throughout all the years I have lived in this my sole residence years etc. ),ultimately ruled. Thanks so much for your time,and answers to my 2 questions.Its shocking to me that hardworking life long law abiding citizens who are impoverished due to lifelong medical expenses etc. can't get free legal advice in New York state,while defendants in CRIMINAL cases CAN(but None of that of course is your fault(or any individual attorney's . Forgive my long winded story, and once again, thank you so much for your answers to my questions and your time.Best wishes
Expert:  Barrister replied 4 months ago.

I completely understand your frustration with the process and this is something that should have at least given you the opportunity to at least voice your concerns about the matter to the judge.

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But the legal reality of it is that it doesn't matter what a co-owner's particular situation is, whether they have a lot of money or nothing, whether they are suffering from illness or not, what their race, gender, ethnicity, etc. is. A partition action is an absolute right that can't be "won" by someone opposing the action because you can't force someone to own property if they want to sell it. Property rights are some of the most highly protected rights in the US, including the right to force a sale of property if you don't want to co-own it with someone else.

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So the bot***** *****ne is that if someone files a partition action, they "win" automatically and the judge has to order a sale..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 4 months ago.
Thank you so much for your response and kind words.
Expert:  Barrister replied 4 months ago.

You are very welcome, even if the news is kind of lousy...

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All the best to you and yours

Barrister

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