I went to see the other lawyer today and have set things in motion that only Judy can stop.
The first thing that needs to happen is a Title Search. They need to make sure there are no liens against the property, mainly tax liens if she hasn't been paying the property taxes.
The lawyer will then send her a letter (and copy the attorney she has been using) concerning the partition action. 10 days after the letter goes out all the filings start and she gets served.
At any point she can stop the process by getting financing and letting us know she has this.
There will be a court appearence that I most likely will not have to go to but she will or probably her lawyer, if she still has one. If she doesn't show, decisions will be made without her being there. A committee will be appointed to handle the partition action. A date for the auction will be set (it will be a Saturday at noon). So if it gets this far and you know anyone who is looking to buy a house in the Windham area to fix up and turn around and sell, let me know.
Once the house is sold, there will be another court appearance, to handle the distribution of funds. The closing will take place 30 days later. If she hasn't moved out of the house by that time, she will be given notice that she has 2 days to move. If she hasn't moved out by that time, a moving crew will come in and move everything out to the street and it will be taken away.
I don't know if any of the papers she receives will explain the process to her or not but she is in for a big surprise. Once the process starts, it follows its own time table. She can't drag things out, they will move along without her.
Maybe being served will make her realize that I'm not going to back down. That she can't try and control the situation any longer. Finally I feel like I have control of this situation.
I'm not sure why she has been dragging this out for so long, there could be so many reasons:
thinking I would back down
thinking that I don't deserve any portion of the property since she has lived there and probably feels she had done so much for my mother, but I firmly believe that my mother would have never lost her foot if my sister was really doing what she should have been.
just being her controlling and manipulating self
for whatever reason, not wanting me to break the final tie to my family of origin
Or, she could have her own agenda
Whatever her reasons have been, they are done and over with. From this point on, they don't hold any water. Things will happen fairly quickly and she has to follow the dates set up by the court and committee. So, we will see how she responds to either the letter or being served.
As soon as I know more, I will update you.
Thursday, May 06, 2004
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