Ballston Spa, NY asked in Real Estate Law for New York

Q: I own a property in Ballston Spa, NY in joint tenancy with an ex-partner. The property is in foreclosure(2year).

The ex-partner has refused four decent offers in the last year. I've just received the best offer yet, and he is refusing to respond. What legal defense is available if any?

Thank you for your response.

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2 Lawyer Answers
Elaine Shay
Elaine Shay
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: If your ex-partner will no cooperate in your efforts to sell the property, you can commence a partition action. A partition action will force a sale of the property.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: I do not know what you mean by defenses. To sell the property outside of foreclosure, you would need a partition action in Supreme Court. If you let it go to foreclosure, and there is a surplus, you will get it. If there is no surplus and this is a short sale issue, just let it go to foreclosure.

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