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Any way to stop/halt a partition? Notice to file has been…

Any way to stop/halt...

Any way to stop/halt a partition?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

Notice to file has been served

Lawyer's Assistant: Where is the property located?

Georgia

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The property was purchased for our son many years ago...it is homesteaded. My son, myself and ex-husband on title; the son and ex-husband on mortgage.

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Answered in 6 minutes by:
3/25/2018
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 63,645
Experience: Experienced lawyer
Verified
Is there possibility of a buyout?
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Customer reply replied 4 months ago
I have good credit but I believe I am at debt to income ratio as far as refinancing goes.
Customer reply replied 4 months ago
Does it make any difference whatsoever that this property is homesteaded in my son's name?
Customer reply replied 4 months ago
Someone still there??
Court will only order the sale if there is no other option. Normally court will encourage and seek to out an alternative. This can include one owner buying out the others for fair price. Please let me know if the reply is acceptable by responding “yes” or “acceptable”. If you have a follow up, just reply and ask me!
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Customer reply replied 4 months ago
What objections to a partition can be raised in court?
1. Bad faith filing.
2. Less intrusive alternatives
3. Drastic and prejudicial outcome
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Customer reply replied 4 months ago
If the other party is applying for the application for statutory partitioning, would we be notified of the application's status and or if it was approved, and also at what juncture would we be able to apply one of the aforementioned objections to this partition?
You should be notified and given opportunity to oppose.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
What type of criteria might disqualify an application for statutory partitioning?
The availability of alternatives.
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Customer reply replied 4 months ago
For example, the other party has lived outside the United States for nearly ten years and does not contribute to the mortgage on this property.
Failure to care and contribute to the property would also be considered and should be raised.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Awaiting your reply, thank you!
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Customer reply replied 4 months ago
acceptable, thank you very much!
My pleasure.Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!Leaving a bonus after rating is very much appreciated.
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Infolawyer, Lawyer
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Satisfied Customers: 63,645
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