Posted by Kristine-CA on September 21, 2003 at 13:08:03:
You are right. “Likely” is not accurate. “Possible” is accurate. My hopefulness stems from what I’ve seen on many deeds from the older generations in terms of their efforts to keep properties in the family.
It will be interesting to see who and what is on the actual deed. Sincerely, Kristine
Partition suit - Posted by michaela-ATL
Posted by michaela-ATL on September 18, 2003 at 20:44:55:
There’s a vacant lot, that I[ve been looking at for a while. Today I finally found the administrator of the estate of 1 of 3 owners. He told me, that the other 2 owners are dead (would ahve been aorund 100 by now). the lot
has been sitting there and the tax liens are substantial. Anyway, he told me, he and his siblings want nothing to do with the lot and he’s happy to give me a quitclaim deed (I will actually make out an Administrator deed and have him sign it)
I assume I now have to file a partition suit, right? I’ve never done that. Is that a very long winded process? MOnths? years? Is that actually like a lawsuit or is is it just filing paperwork and a proforma thing, like doing probate?
The liens may be around 20k, but I can sell it easily for 50k, so it’s worth it.
Michaela
More info on the subject attached - Posted by JT-IN
Posted by JT-IN on September 20, 2003 at 15:23:26:
M:
Read the info at this link below. It pertains to Ga. Partition Suits and Quiet Title actions, specifically.
Good luck…
JT-IN
http://www.mmmlaw.com/publications/article_detail.asp?serviceid=4&articleid=61
Re: Partition suit - Posted by Kristine-CA
Posted by Kristine-CA on September 19, 2003 at 15:32:08:
Michaela: Have you done a title search to find any other possible liens that maybe you could purchase and foreclose on yourself? Also, how difficult would it be to track down the heirs of the other deceased owners and figure out what probate actions/costs would be necessary?
Keep us posted.
Sincerely, Kristine
Re: Partition suit - Posted by John V, FL
Posted by John V, FL on September 19, 2003 at 10:38:39:
Why not try to buy the liens to force it to a tax deed sale? Also get the deed for 1/3rd and you’ll get 1/3 the excess proceeds if it gets bid up at the auction.
Re: Partition suit - Posted by JT-IN
Posted by JT-IN on September 18, 2003 at 21:04:33:
Michela:
So the liens are 20K and you could sell it for 50K… this may mean that you might, I repeat, might make 10K, less your costs to bring the action… Yes, thsi will likely involve a lawsuit, although I am not familiar with GA law, so I am guessing here. I do see that you have Judicial and Non-judicial FC’s, so it could go either way.
In my area, where we have Judicial FC’s, a Partition suit is exactly that; a Lawsuit. These can be more costly than a straight mtg FC suit, but not always. So lets guess here and say that the cost of the partition action might be 5K… you are undergoing lots frustration and unknowns for a small, potential payday.
Why do you only get the 10K, less expenses…? The estates of the other owners are going to reap 1/3 of the equity, just the same as you are… hence appx 10K, less expenses… which may not be shared by the other equity owners.
Just the way that I view things…
JT-IN
Re: Partition suit - Posted by michaela-ATL
Posted by michaela-ATL on September 19, 2003 at 16:23:48:
Kristine,
thanks for your response. All the liens are taxes and demo lien. I will do some digging for the heirs. I’ve been pretty good at that in the past. The problem is, that the 3 brothers, taht inherited were born in the late 1800’s and are all dead. Only one of them had probate done. In fact, most of their heirs are dead, but the administrator is who I spoke to. He can not give me any info as to the rest of the family of the others. He hardly knew them his uncles.
I’ll go to the vital statistics office and get the death certificates on the others. If they had spouses, then those are dead as well.
A nice little challenge 
michaela
Re: Partition suit - Posted by michaela-ATL
Posted by michaela-ATL on September 19, 2003 at 16:35:00:
John,
thanks for the suggestion. I will consider that, if I can’t find the heirs of the other 2 heirs.
Michaela
Re: Partition suit - Posted by michaela-ATL
Posted by michaela-ATL on September 18, 2003 at 21:17:30:
JT,
maybe I’m talking about the wrong procedure. I thought there was a way to be able to get the whole thing, if I own a share of it. Is that something else?
Michaela
Re: Partition suit - Posted by rm
Posted by rm on September 19, 2003 at 16:35:11:
Couldn’t you do a quiet title action?
Re: Partition suit - Posted by Ronald * Starr(in No CA)
Posted by Ronald * Starr(in No CA) on September 20, 2003 at 13:05:39:
Michaela-----------------
No, there is no lawsuit that I have ever heard of that would get you complete ownership of the property when you own part of it, other than being the successful bidder at a partition sale, which you initiated.
Now, I believe–and please remember, I am not an attorne–that if the property sells for more than the cost of the sale and liens against the property that you would be able to have the costs of the sale shared by all of the property owners. If this be so, you would not be stuck with all of the costs of the partition law suit.
Good Investing********Ron Starr****************
Re: Partition suit - Posted by JohnB_NJ
Posted by JohnB_NJ on September 20, 2003 at 09:25:37:
You might be refering to a “Quiet Title” action.
Re: Partition suit - Posted by JT-IN
Posted by JT-IN on September 18, 2003 at 21:23:35:
M:
No, I think you are talking about the right thing here, but the concept of Partition Sales if greatly misunderstood. The way that a Part. Sale works is that the court will force a sale, to divide the equity interests; hence, unsually a court-ordered sale, or Sheriff (Trustee) Sale. The net proceeds are split among the parties who hold title, as the time of the action.
In your case, what you need to do, (may be easier said than done) is find (locate) the heirs of the deceadents, and purchase their interest(s). Thereby you may be able to avoid the costs of a Partition suit, and gain further leverage to equity, but a disounted position.
Hope this helps in understanding the concept…
JT-IN
Re: Good Call - Posted by Jim V
Posted by Jim V on September 19, 2003 at 19:54:12:
Dependent on how the owners held title, it might not be necessary to worry about probates or actions other than with the final decedent.
If the owners had rights of survivorship, title would vest in the remaining owner’s name. It’s unclear to me, from what’s been posted, exactly who owns what.
Generically, I believe a quiet title action, in this case, might be more appropriate than a partition action. Still lots of unanswered questions, though.
Good comprehension.(Borrowing from Ron Starr)
Jim V
Re: Partition suit - Posted by michaela-ATL
Posted by michaela-ATL on September 19, 2003 at 16:40:00:
Can you tell me, what the nature of a quiet title action is? IS this a case where it would be done?
Michaela
Re: Good Call - Posted by michaela-ATL
Posted by michaela-ATL on September 20, 2003 at 07:19:37:
Jim,
What exactly is 'quiet title action" . When is it being used?
I hope I can get it clearer with this:
Originally it was willed to 3 brothers: A,B, and C
They’re all dead now,
A: Probate was done and administrator is willing to
give me their share
B: Dead, Administrator is not aware of any children.
no probate
c: Dead, Administrator is not aware of any children
No probate
If I find out, that they also didn’t have any spouses, that survived them, then technically it would go back to Brother A and I would basically own all 3 parts, but that’s ‘wishful thinking’ at this point in time ;-).
michaela
Re: Partition suit - Posted by Kristine-CA
Posted by Kristine-CA on September 20, 2003 at 15:48:34:
Michaela: with all due respect to the poster suggesting a quiet title, where I am a quiet title action seems to be as misunderstood as a partition suit. One can’t just buy a partial interest or a potential interest from an heir and then attempt to quiet the title. Or at least that’s what attorneys keep telling me–because I keep asking. I keep hoping that there would be an easy way to resolve some of the properties I work with.
Where I am a quiet title is more appropriate for cases in title clouds with deed errors, etc and for adverse possession (especially easements and property line disputes).
If there is anyone out there who knows how to use a quiet title action to get title to a property when one has only a partial interest, I want to hear about it.
Sincerely, Kristine
Re: Good Call - Posted by Kristine-CA
Posted by Kristine-CA on September 20, 2003 at 11:52:07:
Michaela: what does the will into the brothers say? How do they hold title? They may have held title as sole and separate property. (not likely, I think, given the generation, but a possibility). And did they hold title as joint tenants?
This may be easier than you think…Keep us posted. Sincerely, Kristine
never mind - archives n/y - Posted by michaela-ATL
Posted by michaela-ATL on September 20, 2003 at 09:18:48:
…
Exactly right… Kristine… - Posted by JT-IN
Posted by JT-IN on September 20, 2003 at 22:14:20:
If that was a possiblity, I would be filing Q.T. actions against floks when they were in FL for the winter, in hopes to get a clear deed to their properties…
Q.T. is more suited for administrative errors, than to sort out (potential) probate matters …
Hope all is well in your neck of the woods…
JT-IN