Can a trust try to force the sale of a property?

If a deal cannot be made, and one party refuses to sell the property, it may be necessary to bring a partition lawsuit. Sometimes the co-owner of a piece of property is a trust. The trustee of a trust can also bring a partition suit to try and force the sale of the property.

When to get a stay order against the selling of a property?

When there is any suit for specific performance of an agreement to sell the property pending in any court. 9. When the owner had given a power of attorney to someone authorising him to sell the property, but had later cancelled or revoked it. 10.

What to do if you are forced to sell your home?

A mortgage is an additional legal issue that needs to be addressed in a forced home sale. In any case, it’s best to hire a lawyer who specializes in real estate to assist with the transaction.

How can I get a court order to sell my property?

Getting the Court to Force a Sale You can obtain a court order to sell a co-owned property if the court finds you have a compelling reason to sell. This is called a partition action. Actual acreage of a property is easy for a court to divide up to co-owners– like with farmland.

How can I stop the sale of my property?

If you want to sell the property, you win by pressuring a voluntary sale or by obtaining a court order for sale. If you want to STOP a sale, you win through a buyout or by convincing the other owners to halt the partition action. What does it really mean to “win” a partition action?

What can I do to stop bankruptcy trustee from selling my house?

One possibility is to refinance your home. Since most people in this situation will have a high amount of equity, you may be able to refinance the house to pay the trustee. Pulling the equity out in this manner may allow you to pay the trustee and keep your house.

Can a court order you to sell your house?

In some cases, it’s more expensive to go through a court-ordered partition and sale of real property than that property is worth. Legally, partition lawsuits to force the sale of real property are similar to the dissolution of marriages.

Can a seller back out of a house sale?

While sellers don’t offer up any kind of earnest money and thus appear to have less on the line, backing out of a home sale at the last minute can carry ramifications for them, too. Here’s when sellers can—and can’t—back out of a home sale, and how buyers can handle a seller who bails.