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Updated almost 17 years ago on . Most recent reply
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family problems
Hi :D
I live in San Diego, but I am back in my hometown of Memphis, Tennessee now involved in a partition suit I filed against my big Sister on 1/23/08, because we co-inherited our childhood house from our Mother who passed away in 12/2003. My Sister has said she was going to buy out my 1/2 ever since then, but has failed to do so, or tried to get me to accept 1/2 of what my share would actually be worth. She moved into the house about 2 years ago with her crack-addicted husband and her many dogs - 2 pitbulls, a rotweiller, and a newfoundland, who tore the place apart, literally - plus she has cats who also helped stink it up with pee everywhere. She intentionally ruined the house so that she could devaluate its worth to the point low enough for her to be able to afford a loan on it to buy out my 1/2 interest. The motion to compel hearing was 5/2/08, however the judge didn't even give the attorneys a chance to present their evidence/tell their story, as he said he was going on vacation and had another big case, and couldn't have an evidenciary hearing until 6/24/08! My attorney has stated that the judge on that date will either let us accept the highest offer we have to date (we have 4 offers on the table now) or he will order a courthouse steps sale. I can't seem to get a straight answer out of my attorney as to exactly what will happen at the sale. The home is completely paid off, so there are no mortgages owing. There are about 22K in taxes owed, however, though they can't take the house for taxes until 1/2008 I am told by the tax folks. Will the judge start the bidding at the highest offer we have on the house to date, to be sold on the courthouse steps within 30 days? How long must we advertise it in the paper? Must we have a new appraisal prior?(this is what my mean sister is counting on - so that she can buy it for a song now that she has virtually destroyed it!) Must we have a title search done before? How long will it be before the house is actually sold and I get my share of the proceeds? Thank you so much anyone who can be of help! Dorothy