Fill and Sign the On Appeal from the Chancery Court of Rankin County Form

IN THE CHANCERY COURT OF COUNTY, MISSISSIPPINO. V. MOTION TO SELL MARITAL DOMICILE AT AUCTION COMES NOW the Plaintiff/Counter-Defendant, , by and through his/her attorneys, and respectfully moves this Honorable Court to authorize and order the sale of the marital home of the parties at auction at the earliest possible date, and for grounds in support of said Motion would respectfully show the following: (1) That this Honorable Court entered its Consent Partial Final Judgment in the above-styled and numbered cause , , which Judgment provides, inter alia, that the parties were to place the home located at , , Judicial District of County, Mississippi on the open market for a period of days, at the end of which time, if said home had not been sold, either party would be entitled to move the Court to allow said house and property to be sold at auction by or such other persons selected by the attorneys, to the highest bidder, whoever it may be. (2) Your Plaintiff/Counter-Defendant would show that following the entry of the aforementioned Consent Partial cooperated fully and completely with Defendant/Counter- Claimant in placing said home on the open market at a price acceptable to the parties and through a real estate agent approved by both parties. (3) That more than days have now elapsed, during which time, the parties have not received any offer by any party to purchase said home at the advertised price or at any other price. (4) Your Plaintiff/Counter-Defendant continues to be overly burdened by the obligation of maintaining the mortgage payments on said home and property, thereby causing tremendous financial hardship on him/her, all of which has contributed significantly to his/her financial ruin. (5) Your Plaintiff/Counter-Defendant would show that he has previously received from the auctioneer, , a proposed "Real Estate Auction Proposal and Contract" which was forwarded to Defendant/Counter-Claimant and his/her attorney on or about , . A copy of said "Real Estate Auction Proposal and Contract" is attached hereto as Exhibit "A". (6) The Defendant/Counter-Claimant has failed and refused to execute and return the proposed Contract for Auction and has expressed no intention to cooperate with Plaintiff/ Counter-Defendant in having said property sold at auction. (7) Your Plaintiff/Counter-Defendant would show that this Honorable Court should approve the proposed Contract for Auction, as submitted by , thereby authorizing your Plaintiff/Counter-Defendant to proceed with disposing of the marital domicile as anticipated by the terms, provisions and conditions of ’s proposed Contract. WHEREFORE, PREMISES CONSIDERED, your Plaintiff/Counter-Defendant prays that this his/her Motion be received and filed and that upon a timely hearing of said Motion, that this Honorable Court will enter its Order approving the proposed "Real Estate Auction Proposal and Contract" submitted by , thereby authorizing the auction of the marital domicile, under the terms and conditions of the proposed Contract for Auction, and that any proceeds realized from said auction be dealt with as anticipated by the terms of the Consent Partial Final Judgment entered in this cause on , . SO REQUESTED this the day of , . Respectfully submitted, _______________________________________ Attorney for