Order for Appointment of Special Commissioner for Sale of Real Property is a court order that appoints a special commissioner to oversee the sale of real property. This order is commonly issued by a court when a property owner is unable to sell the property themselves, or when a court-ordered sale is required. The order typically includes the name of the commissioner, the date of the appointment, the commission's duties, and the duration of the appointment. There are two main types of Order for Appointment of Special Commissioner for Sale of Real Property: private sale and public auction. In a private sale, the special commissioner is responsible for finding a buyer for the property, negotiating the terms of sale, and completing the paperwork required for the sale. In a public auction, the special commissioner is responsible for organizing the auction, advertising the sale, and collecting bids from potential buyers.
Order for Appointment of Special Commissioner for Sale of Real Property
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How to fill out Order For Appointment Of Special Commissioner For Sale Of Real Property?
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FAQ
So, what is eminent domain? Basically, the government can force the sale of private property in the name of public use. For example, if your house is next to a freeway that's scheduled for widening, the government can force you to sell so long as you are paid fairly.
Texas courts are required to partition property even if only one co-owner makes such a request, and the courts have no wiggle room or discretion. The court must order the property partitioned. Partition is sometimes referred to as a ?forced sale.? Partition only applies to real property and not personal property.
A forced sale is an involuntary transaction in which the sale is based upon legal and not economic factors, such as a decree, execution, or something different than mere inability to maintain the property. If the sale is made for purely economic reasons, it is considered voluntary.
Sec. 21.0113. BONA FIDE OFFER REQUIRED. (a) An entity with eminent domain authority that wants to acquire real property for a public use must make a bona fide offer to acquire the property from the property owner voluntarily.
Section 21.014 - Special Commissioners (a) The judge of a court in which a condemnation petition is filed or to which an eminent domain case is assigned shall, not later than the 30th calendar day after the petition is filed, appoint three disinterested real property owners who reside in the county as special
In Texas, disputes involving jointly owned property are frequently settled through a legal process known as ?partition.? When co-owners of a home cannot agree on matters relating to the home, the court can force the sale of the real property and distribute the proceeds of the sale to the co-owners per their ownership
23.001. PARTITION. A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under this chapter and the Texas Rules of Civil Procedure.
Here are some of the most common ways to win a partition suit: Getting bought out at a fair price.The property being sold on the open market.Getting a co-owner to move out of the property so it can be rented.Getting reimbursed for the funds you put into the property.