[WSBARP] partition action?

[nestor at pplsweb.com]

Now it makes sense how it went down.

 

I was just spit-balling here, and common ownership takes if out of the
equation for 10 years.  What I was thinking was if your client was occupying
the house and also the House was sitting on the parcel identified by the
property appraiser as belonging to your client and your client "keeps the
bank out" then down the road you could have AP.

 

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

 

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