You can seek a partition of the property, which essentially means that the Court appoints a referee to value and sell the house, and the Referee then puts the property up for auction, where it either sells or it doesn't. Since there are so many foreclosed houses being sold at auction, it is unlikely to bring a strong price. Typically fees run 5k to 10k, and if the house sells are usually recoverable.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
You can seek a partition. It is a Supreme Court case, which ends in a forced sale. There is no way to force a refinance, but that is often the outcome of the case as a settlement. Your credit will not be cleared of this matter as a result of a case, but it will stop the continued reporting of negative information.
Yes, an action for partition and sale is your only option if she won't
cooperate. You will likely need a lawyer.
Joseph A. Bollhofer, Esq.
Joseph A. Bollhofer, P.C.
291 Lake Ave.
St. James, NY 11780
Member, National Academy of Elder Law Attorneys (NAELA)
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