Pennsylvania Real Estate Legal Questions

A realtor is not required to transfer ownership of property, nor could a realtor handle such a matter.  The document evidencing ownership is a deed which is a legal document.  Accordingly, it must be prepared by an attorney, unless the client chooses to do so on their own.  That is not recommended. You may deed your property to any family member which will be exempt from transfer taxes.  I trust this answers your questions but do not hesitate to call or email with any questions. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

Your concern is a valid one and I believe a strong argument could be made that the suit should have been disclosed by the owner.   However, I don’t believe the HOA owes any such duty to a prospective buyer.  Here is the pertinent question in the Sellers Disclosure Statement which I believe should have been answered yes with an explanation.   (17)  Miscellaneous.      (i)   Are you aware of any existing or threatened legal action affecting the property? I suggest speaking with a real estate attorney about your rights, noting that the statute of limitations may expire 2 years after the sale so you should act promptly. I trust this has been helpful but don’t hesitate to call or email me on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

If you are aware of back taxes and other issues effecting the property, I strongly urge you to seek a debt relief and real estate attorney as soon as possible to avoid the loss of the home due to a tax or other sale.  A co owner can compel the sale of real estate through an action in partition filed in the county where the property is located.  But that takes time so it is urgent that the taxes and any other matters be addressed promptly.   I trust this answers your questions, but do not hesitate to call or email on a free initial basis.      Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

There are several factors that go into deciding how to proceed such as how the property owned.  Is it Tenants in Common or Joint Tenants?  Is there financing involved, either 3rd party mortgage or do the owners have loans to each other?  This is a complicated process that will require the advise of an attorney familiar with this type of Real Estate matter.... Read More

Generally, once a name is on a deed, the simple way to remove it is by another deed issued by that person. The only other method is an action in partition in which the co owner seeks an Order of court to divide the property, usually resulting in sale. In the interim, she has rights to the property but cannot be compelled to pay for it absent a partition action. I trusts this answers your question, but do not hesitate to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

A co borrower who is not listed on the deed has no rights to the property at all.  Your question does not reflect ownership.  If she is also on the deed, then she has the right of partition.  That is a process by which a court resolves disputes between co owners, usually by selling the property.  Certainly, other than partition, no one has the right to eject you from your property while you still own it. You placed the question under the category of foreclosure which leads me to ask if you are current with the mortgage.  If you are not, the mortgage company, regardless of any co borrower or owner, can seek to foreclose. Finally, if divorce proceedings are commenced, your wife can seek to have the home sold as a method of obtaining her share of the marital estate. I trust this answers your questions but do not hesitate to call or email me on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

Although the advice, buyer beware, does indeed apply to all sales of real or personal property, PA requires a Sellers Disclosure Statement.  The purpose of this requirement is to avoid any such issues but it is far from full proof.  If there is indeed a pest problem, and the same was not disclosed on the Sellers Disclosure Statement, you may have a fraud claim against the sellers.  Please note that any such claim must be filed within 2 years of the fraud.      I trust this answers your questions but do not hesitate to call or email me on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

Ownership of real estate is governed by a deed which is usually recorded at the county Recorder of Deeds Office.  If the title is in your moms, dads, or both names, he has no right to even be on the property, let alone leave his personal property there.  The exception to the normal rule about presence on the property is when he is invited which can be revoked at any time. I trust this answers your questions but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

There are essentially 3 types of real estate ownership in Pennsylvania.  The first is tenants in common in which the owners each own a share.  In that event, the death of an owner allows his or her share to pass to his or her estate. The second is joint tenants with the right of survivorship.  In that event, the death of an owner merely eliminates that person from the title which is now owned by the surviving owners. The third is tenants by the entireties which is a marital ownership having the same status as joint tenants.  To advise which type you have, I would need to review the deed.  Regarding the personal property in the house, as opposed to the real estate, if your mom owned it, it may have passed to both of you as beneficiaries.  In that event, you would only own one half of those belongings and the other half would be part of your brothers estate, presumably inherited by your sister in law. I trust this answers your questions, but do not hesitate to call or email me on a free initial basis.   Best Regards, Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read More

All mortgages, regardless of whether they are categorized as reverse or conventional, require both an application by the borrower and execution of the mortgage itself before a notary.  If you did neither of those things, the proper remedy is a Complaint to Quiet Title filed in the county where the property is located.  The goal would be to prove you did not authorize the mortgage and it should therefore be removed from your title. I suggest contacting the mortgage company and asking for a copy of all loan documents which would include the application, mortgage, and all other required disclosures and documents. I trust this answers your question, but do not hesitate to call or email me on a free initial basis. Best Regards, Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

Real estate sales are governed primarily by the Agreement of Sale (AOS).  Its terms dictate what the parties rights and duties are.  You should have an attorney review the AOS to determine if it precludes a walkthrough.  Generally, I don’t advise clients to proceed with a purchase unless they are completely comfortable with the item to be purchased.  That is especially true of a house. I trust this has been helpful but feel free to call or email me on a free initial basis. Best Regards, Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com     ... Read More

The most common method of adversarily resolving property disputes and allocating benefits and burdens is an action in Partition.  Generally, that results in either a private or public sale of the property with each party being reimbursed for expenses and receiving their net share. I trust this answers your questions, but feel free to call or email me on a free initial basis.    Best Regards, Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

Without seeing the contract it is impossible to give you proper recommendations.  If it is in writing and signed by all parties you may have some recourse to force him to sell you the property for the agreed upon price.  You should contact a local real estate attorney and you can also contact me by visiting my website or calling my office for more information.  The following link is my webpage Law Office of David Kennedy Bifulco .... Read More

Nearly all agreements of sale provide that time is of the essence.  Accordingly, you are under no obligation to agree to an extension.  Rather, if they fail to close when originally scheduled, they are in breach and you are entitled to the deposit.  However, that will only be turned over by agreement or lawsuit. I trust this answers your question, but do not hesitate to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com mnahrgang@verizon.net  ... Read More

While you can certainly obtain an attorney to pursue your son, civilly, I strongly suggest contacting the police as what you described amounts to theft.  Of course, I am only going by your comments so the detailed facts could change that. I trust this answers your question, but feel free to call or email me on a free initial basis.    Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

This is easily done.  All that is required is the execution of a deed from you either to him or to both of you as Joint Tenants With Right of Survivorship.  That ownership assures you both own the property, no one can take action on it without the other, and when one of you passes away, the survivor will own it by themselves. I trust this answers your questions and if you live in the Delaware Valley, feel free to call or email on a free initial basis.       Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

While the Statute of Frauds requires that land sales be in writing, which potentially defeats your daughters effort at having her name on the deed, she should have a claim for fraud or a quasi contractual theory of unjust enrichment.  Such claims could result in repayment of the down money or at least a judgment in her favor for that amount. I trust this answers your question, but feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

If the co owner will not agree to sign the deed, the only other method of dividing a property is through partition.  However, that may result in sale of the house and payment to him of his share. I trust this answers your questions and, if you live in the Delaware Valley, do not hesitate to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

Generally, the only method to sell real estate without a co owners consent is a Partition action.  That must be filed in the county where the property is located.  It is not a quick process, but should ultimately result in a sale and your release from further liability. I trust this answers your questions, and if you live in the Delaware Valley, you are welcome to call or email on a free initial basis.        Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

Assumption is not common and may not even be available.  If the deed is in joint names as husband and wife, you are clearly the sole owner now that your husband passed away.  Since assumption requires that you essentially qualify as if you are obtaining a new mortgage, I suggest a refinance makes the most sense.  If you don’t have enough equity, perhaps a family member can act as co borrower. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

There are 2 types of ownership for real estate and, indeed, any property, equitable and legal.  Legal is evidenced by proof that cannot properly be challenged in court and is recognized by the law as against all others.  Equitable is demonstrated by the facts and circumstances and is evidence that you, as opposed to any other, have the clearest right to obtain legal ownership.  You currently have an equitable ownership interest in the property and have the right to live there. However, I strongly advise that you convert that to legal ownership ASAP so that you may be free to borrow against the property or sell it as well as survive any future challenges.  Once a person dies, the Orphans Court is the only legal method to transfer legal ownership.  You should probate the Will and then the Estate can deed the house to you.    I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

Sellers may appoint someone as Power of Attorney for real estate transactions.  However, I have never seen a realtor appointed and the same might very well be a conflict of interest. Many closings can be conducted remotely so that you could sign everything beforehand.   I trust this has been helpful, and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

When money is borrowed for real estate secured by a mortgage, the borrower must conform to title requirements and comply with the terms of the loan documents.  If there was an error at closing, most loan and closing documents contain an acknowledgment by the borrower that technical errors must be corrected when they are discovered.  Without knowing more, it appears that the name on the deed was incorrect and the lender is properly requiring that the name be corrected.  The only way to assure this advice is accurate is to have a free initial consult and review documents.      I trust this has been helpful, and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

Most attorneys charge $500.00 for a deed which includes the costs of recording the deed. I trust this answers your question and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

I am not an estate attorney so I don’t know if you can open up an estate.  But without an estate being opened, there is no ability to complete the purchase.  However, after the mortgage company forecloses and a sheriff sale occurs, you can offer to purchase from the buyer who may be the mortgage company.  The difficulty is that most mortgage companies will seek to sell at auction and wont entertain private offers, especially from the occupant.  The reason is that they must justify to regulators and stockholders that the sale was arms length and conducted on a purely objective basis. Having said that, you never know until you try.  In the interim, if you live in the Delaware Valley and have questions or simply wish to stay there as long as the law allows, feel free to call or email me on a free initial basis     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More