Legal Question in Real Estate Law in California

I own two rental units in a 4 unit building. The building is broken up in tenancy-in-common ownership. The other two owners paid all cash (to me years ago) so they have zero bank loan responsibility as me & my wife are the only ones on the loan. Can we do a short-sale for our remaining two units to get out? Will this effect the other TIC partners in any way?


Asked on 12/07/10, 2:15 pm

1 Answer from Attorneys

TIC's were all the rage for some time to avoid condo-conversion prohibitions and restrictions. Many of us in the real estate world, however, have long referred to them as tic-toc's because of all the latent potential for conflict and legal problems lurking in the arrangement. Real estate values in free-fall are just the latest source of TIC problems. I can pretty much guarantee that you will have challenges with your lender trying to get them to agree to a short sale of a TIC. Unfortunately, other than that general observation, I can't offer you any help because the answers to your questions would require a review of the underlying transactions and documentation.

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Answered on 12/13/10, 3:32 pm


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