[WSBARP] partition action?

[Joseph McIntosh]

The prior owner went delinquent on property taxes on only one parcel, and that parcel sold by tax foreclosure free and clear of the mortgage.  The other parcel sold by mortgage foreclosure.

This split in ownership was fairly recent, I don't see how all AP elements align.  Am I missing something?

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
Sent: Friday, August 23, 2019 12:11 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] partition action?

Sounds interesting but I need more info. I am assuming you are representing one of the owners by foreclosure. I and curious how did that happen that a house on 2 lots is owned by separate parties. A question I have is one of the properties identified as having the structure vs. the other one?

Before you answer my thinking is if one of the lots is identified being improved by the house, then why can't you sue for adverse possession?


Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Joseph McIntosh
Sent: Friday, August 23, 2019 11:24 AM
To: WSBA Real Property List Serve <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] partition action?

House sits, just about equally, on two different parcels.  Following multiple foreclosures, the parcels are separately owned.  Is there a way judicially to force a sale of both parcels together and divide the proceeds?  The partition procedure appears limited to tenancies in common.

Thanks!
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