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Judge authorizes buyer to execute deeds in defaulting co‑owner’s absence
Summary
In a partition action over two lots, the court authorized buyer Bruce Green to execute deeds and close sales after the co‑owner failed to appear; proceeds will be held by the clerk pending resolution of remaining title issues.
The Dixon County court granted a request in a partition/sale matter that allows a purchaser to complete a real‑estate closing where a co‑owner failed to appear. Bruce Green testified about prior litigation and the auction sale that the court previously approved, and the judge signed an order vesting title in Mr. Green for the sole purpose of executing deeds to complete the sale.
Counsel explained the co‑owner, Connie Lumpkin, was served but never appeared; the moving party asked the court to vest the property with the buyer ‘‘for the sole purpose of ... executing and closing on the sale of this property’’ so proceeds could be deposited with the clerk and master. The court granted that relief and directed the purchaser to execute deeds to the buyers and deposit sale proceeds with the court. The judge also discussed show‑cause or contempt remedies as alternate enforcement tools if the non‑appearing party continued to resist compliance.
The order is intended to effectuate an already‑approved auction sale and avoid additional delay; the clerk will hold the funds and the court will later determine distribution and any residual title issues.
