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I have a short sale approved and ready to close but my business…

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I have a short sale...
I have a short sale approved and ready to close but my business partner, who filed bankruptcy 3 years ago refuses to have anything to do with the property so he will not sign the papers required to close. The property is in the state of Florida, Pinellas County and I am looking for options to get this closed. He is off of the mortgage for the property because of the bankruptcy but is still on the title to the property. What can I do?????? I can't afford to keep making the payments and finally have a buyer but we cant close because of this issue... Help me please... If this doesn't happen, can I sue him for ruining my credit or put a lien against his current home for not allowing this to happen? How can I get this resolved asap as he has received the paperwork that was sent to him and was signed by his wife but has yet to respond whatsoever. He was contacted by the title company but when they mentioned the property he just hung up???? I need to get this resolved asap.... what can I do?
Submitted: 6 years ago.Category: Real Estate Law
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Answered in 11 minutes by:
2/24/2012
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 127,643
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
If he refuses to sign off on the title and he is in bankruptcy, then you need to first contact his bankruptcy trustee for signatures to sign off on the sale, since this is an asset of his bankruptcy estate and the bankruptcy trustee can authorize the sale. If the bankruptcy trustee refuses to authorize the sale, then your sole remaining recourse is to file suit against the partner for an order of judicial sale to force the sale.


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Customer reply replied 6 years ago
His bankruptcy has already been dismissed/closed.... I contacted the attorney but he said he had no way of contacting him after his bankruptcy.
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
If the bankruptcy has closed, then your only recourse is suing in court for an order for a judicial sale or to force him to sign the for the sale you have arranged.
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Customer reply replied 6 years ago
How long does this usually take? I have until March 10th, 2012.
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
Unfortunately, if the buyer will not give you an extension, you can try for an emergency court order when you file your suit, but generally these cases can take months or more.
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Customer reply replied 6 years ago
How would I force him to sign?
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
The only way to force him to sign is by filing a civil suit for judicial sale and seeking an order forcing him to sign or to pay to buy out your share.
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Customer reply replied 6 years ago
Okay... so either way, can I get an attorney here in MO or do I have to get one in the state of Florida? I think this will be the last part.
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
You would need one in the state where the property is located to file suit where the property is located.
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 127,643
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
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Customer reply replied 6 years ago
thanks for your help...... you answered everything I could think of....thanks again.
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
Thank you.
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