Q: How long after someone being served does it take to set a court date for a partition sale?
I cosigned for a house with my daughter-n-law. They have cut off all communication and making late or no payments at all that is affecting my credit. I hired a lawyer 8 months ago. And he doesn't communicate with me without yelling at me. And I still have no court date set. How long after now serving my son does it take to schedule a court date? Mind you he wasn't even on the deed. But their lawyer insisted he needed to be served as well. I just want my name off the deed by means of them refinancing it or selling at auction.
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A: The Partition Sale may not work because lack of equity. Your lawyer needs to make an estimate of this. If it is not economically feasible then it will be dismissed. Your lawyer can move the Court for a trial date, and it is usually a simple trial. You are trying to get an order for sale for partition. But again you have to look at the parcel's value versus the debt.
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