Forced Sale
A forced sale or forced liquidation typically means an involuntary sale of valuables or property for financial reasons. If an unpredictable or uncontrollable event emerges, a seller must resort to forced selling. A financial hardship (for example, bankruptcy), a change in the seller’s personal life (divorce or a relative’s death), or even a legal order can trigger the event.
The accumulation of debts or a personal financial crisis can lead to forced sales. Its purpose is to pay off the debts, usually tax liens or mortgage loans, accumulated by the assets’ original owner. Regularly, a court will render a judgment in the matter, resulting in this involuntary transaction.
Forced sale in real estate
By definition, property owners sell their house or land under duress in a real estate forced sale. Sellers do so in compliance with a court judgment that specifies a well-defined sale date and other judicially determined sale conditions. A foreclosure sale is an example of a forced sale. However, there are ways to get the property out of foreclosure. There are damaging consequences of a forced sale in real estate. One might occur when the seller cannot allow current market prices for their property to determine the actual selling price.
Examples for forced selling
Let’s consider some real-life instances of forced selling! On the one hand, owners must opt for a forced sale when a family member deceases. In addition, a forced sale is an efficient yet harsh solution to settle mortgages if the departed hadn’t met their debts. In divorce proceedings, ex-partners can also sell their properties.
Forced selling of a mutually owned property
Suppose two or more owners hold the same property (joint ownership.) And only one of the proprietors intends to sell the property. Then, they can legally ask for a forced sale of the jointly owned property in the form of a partition action or lawsuit. Thus, they can take the dispute to a judge. The court can divide the land into portions. Or it can stipulate a forced selling with the revenue split between the owners.
The disadvantages to a lawsuit
There are several drawbacks to a partition action. A lawsuit may last six to twelve months on average. Though, there are some US states where they conclude the case and the resulting sale sooner. Still, one shouldn’t count on less than six months due to unpredictable obstacles.
Furthermore, a partition lawsuit can cost at least $5,000. And a party can contest the ruling. In the meantime, they should cover the attorney’s fees.
For this reason, local real estate agents will advise settling a dispute over property outside of court. Negotiation and buyout can be viable alternatives.
Popular Real Estate Terms
The total return from holding a real estate investment for the holding period of time. The computation follows: For a mutual fund investing in a real estate, the return is in the form ...
Removal of land by the action of water. See also erosion. ...
English style of architecture characterized by carving and paneling and flattened arches. ...
Interest computations based only on the original principal. For example, the simple interest on a $100,000, 8% loan is $8,000. It is compared with compound interest which is applied to the ...
A reduction in structural value from all reasons except physical failure. For example, a commercial building having an outdated elevator or electrical wiring system is experiencing ...
Financial interest a developer has in a development. The interest may be a direct investment or a percentage interest in the overall profit. ...
Term indicating a resemblance or analogous to a legal classification. For example, a quasi corporation, quasi contract, quasi possession, quasi offense. ...
This situation applied in some states when death prevents the seller of property, who has signed a real estate sale agreement, from completing the sale. In this situation , equitable ...
Worth of the property part which is left subsequent to a condemnation action. ...
Have a question or comment?
We're here to help.