Previously I told how the court determined that the single family residence owned by my client and her brother would be sold, as it could not be divided, all in accordance with California Code of Civil Procedure §872.820. How the property was sold is what I will describe in this post.
The court determined that the single family residence would be sold by a public sale (California Code of Civil Procedure §873.520). Notice of the sale was provided in accordance with California Code of Civil Procedure §873.640. The court decided that it would conduct the sale as an auction in court on a date and time specified in the notice.
The big day arrived; I was in court with no less than eight bidders who wanted to purchase the single family residence. The court ran the auction just like you would think; starting with a minimum, taking overbids, until there was only one bidder left, to whom the judge sold the property.
Guess who? My client’s brother. It seemed that he just could not bear to part with the residence, despite the fact that he could have bought out my client’s half -interest for substantially less than what he paid ….