Mountain View Partition Lawyers
The land for the City of Mountain View was originally granted to Francisco Estrada and his wife, Inez Castro in 1842, the city itself was originally founded in 1854 by Jacob Shumway, a store keeper and the town’s first postmaster. As a town with great historical roots, residents of Mountain View often own property with others due to inheritance, which can lead to disputes between co-owners. Generally, the best Mountain View Partition Attorneys usually find partition action to be the best remedy for disputing co-owners in four broad categories:
- Split real estate dispute;
- Brother-Sister real estate dispute;
- Investor-Investor real estate dispute; and
- Significant other real estate dispute
A top Mountain View Partition Attorney will be aware of vacation and resale procedures of a partition sale. The sale will not be confirmed if any mistake or misrepresentation by a selling officer prejudicially misled the purchaser. The judge may vacate the sale and direct a resale if it is determined that that purchaser is prejudiced by mistake, unfairness, or improper notice. (CCP § 873.730(c).) A sale may not be re-disputed on these grounds once the judge determines there was no unfairness or improper notice. (CCP § 873.730(c).) The best Mountain View Partition Attorneys will be familiar with this process.
If the court determines that the sale price is disproportionate to the property value or if the new sale price exceeds the sale price by at least 10% on the first $10,000 and 5% on the amount in excess of the first $10,000, determined after a reasonable allowance for the expenses of a new sale, the judge may vacate the sale and direct a new sale. (CCP § 873.730(c).) The court uses the value of the property at the time of the sale, and not the value at the time of the hearing to determine the adequacy of the price. (see Dunn v. Dunn (1902) 137 Cal. 51.) If the owners of the property fail to object that the price was inadequate, they are barred from disputing its inadequacy. (see Hammond v. Cailleaud (1896) 111 Cal. 206.)
If the bid on resale is lower than the bid on the original sale and there is no explanation for the difference in price, the judge shall consider the possibility that the terms of the resale caused the difference. (see Hammond v. Cailleaud (1896) 111 Cal. 206.)
A prospective buyer who fails to pay the sale price after the confirmation is subject to the court’s jurisdiction and further proceedings. (CCP § 873.760.) Either a party or referee may upon notice, move the court to order the resale of the property, or maintenance by the referee against the purchaser for the sale price. (CCP § 873.760.) Upon resale, the referee may recover the amount of loss and cost and expenses incurred, as well as reasonable attorney’s fee from the purchaser. (CCP § 873.760.) Upon maintenance, the referee may recover a reasonable attorney’s fee. (CCP § 873.760.) A person who intends to purchase property from a partition sale should consult an experienced Mountain View Partition Attorney to ensure that they adequately understand the process.
At Underwood Law Firm, our Mountain View Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.