Re: Co-Property Owner and Rights
the trustee has a right to demand fair market value. If they are asking more than fair market value, there is no reason you should not be able to negotiate the price. You should not expect to be offered the land at any real discount. After all, they are selling the land to raise funds to pay the debts of your partner. The more money they can raise, the more creditors that will receive payment on their claims.
If you refuse to allow the listing and they seek the courts permission, you have no say in anything unless they allow it. Before it gets to that point, you can try to benefit from the agreeing to the listing. I would seek a right of first refusal. If they are presented an acceptable offer, I would ask to be given the first right of refusal and be given the opportunity to match that price before it is sold to another.
Then, if they cannot sell it in a negotiated sale, they can auction the property. If they auction the land, you would have a right to bid on the property just as everybody else in the world has.
Yes, there are fees for everybody involved. What they would be offhand I do not know but you can rest assured, everybody is entitled to be paid for their work.
and they aren't going to give up on selling the land. That is why they seized it. The easements and such simply make it worth less than unencumbered land but there is a determinable market value for the land. Even if it ends up at auction, they will sell the land, at some price.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.