Real Estate Legal Questions

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 Answer

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 Answer

you need to do a new deed and record it with the register of deeds I always reccommend using a lawyer because they will make sure the deed is correct. you should share the prior deeds you have done in case they were not done properly.   the couple hundred a lawyer will charge is cheap compared to the thousands that people pay going to court to fix a mistake.   best of luck to you... Read Answer

My first question is are you really on the loan (did you sign a promissory note) and are you sure you are not on the deed. You may have agreed to have the mortgage company take the payments from your checking account but not be an obligor on the mortgage loan. If you really did sign the promissory note at the closing of the home purchase, it would be highly unusual for you not to be listed on the deed. Assuming that you are correct, signing the mortgage loan as a co obligor without being a part owner of the real estate was a very costly mistake.  You have absolutely no ownership interest in the house, and you have no rights to the house at all because you are not married. What you might be entitled to get back, if anything, depends upon what your agreement was with your fiancee when the home was purchased as far as who pays for what. If you pay the mortgage payment but he pays the utilities and home upkeep and that was your agreement, you probably won't get anything back. If you had an agreement but you have actually paid more than what your agreement required you to pay, you may possibly be able to get something back. I don't think you have any recourse for the rent that you paid before you bought the house.  Take the mortgage loan agreement and the deed to a local real estate attorney. More details are needed about who spent what on the house to see if you possibly could recover anything from your fiancee.... Read Answer

it depends on what the deed says. if it was uncontingent, only the estate can further transfer the deed, if it was contingent, title might revert to the Grantor; additionally, if the grantor and grantee were married, it might revert automatically. you probably should have a lawyer review what your options are.... Read Answer

Not sure if you have a case, if the lease signed by the prior owner is valid you certainly have a case. Given the facts, you definitely need legal counsel for this. Depending on the prior lease, the six days to locking you out (assuming rent was paid, did they sue for possession?) seems very fast and without a court order, that is VERY troubling.  ... Read Answer

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 Answer

You do have legal rights. You have what is known as an equitable mortgage.  You should hire a lawyer and get an Agreement from her that memorializes her rights. You can try to talk to her when she is not "the other person" and see if you can work out something without going to law.    good luck... Read Answer

If only a life estate was actually sold, then the deed to the property that sold the life estate should state that. If it doesn't, it may mean that more than a life estate was actually sold. Or there may have been a subsequent transaction that transferred the remainder interest. You likely need to get a title search done in order to determine how the property title actually passed and who holds rights in the property right now. Consult a real estate attorney for help with that. Please also note: I changed the practice area on your question to Real Estate, because this is not a Wills and Probate related question.... Read Answer

Hello.  You can force a sale through a "Partition" lawsuit and she would be forced to pay half the value of the rent until the sale takes place.  She would also be forced to pay half of your attorney fees to force the sale.  Usually the threat of a forced sale results in a settlement if one party is able to refinance and buy the other out. ... Read Answer

This should have been handled by your closing attorney.  There should have a calculated per diem amount to account for certain utilities on your Closing Disclosure.  Contact your real estate attorney.  Or feel free to contact us if you are unable to get assistance from your own attorney.  Good luck.... Read Answer

Why have you been paying property taxes on property you don't own?   Unfortunately, you may not be able3 to recoup what you've paid, at least not easily. You will need to figure out who owns the property. That is not at all clear from your post, and you may need to have a real estate attorney do a title search. You may also find out that the property has many, many owners, each of whom received their share from a deceased prior owner and that title is not clear. If you can figure out who owns the property, then you can try to sue the owners to recover the amounts that you paid. If you are an owner yourself, then you won't be able to fully recover, because part of the payments will likely be your responsibility, but you can still try to recover the other owners' shares. But if you did not have a written agreement with the other owners under which you would pay the taxes and get reimbursed, you may well be deemed by a jury in a lawsuit to have made a gift by paying the taxes.   You need to get a real estate attorney involved, and possibly a probate attorney as well. Don't wait, and don't just keep paying these expenses. Best wishes to you- I hope you can get things figured out and get repaid.  ... Read Answer

A review of your situation by a competent real estate attorney is your first step. You will need a copy of your deed and any title work you have. Additionally, evidence is crucial. Take lots of pictures. Of what they did and any damage. If it was done deliberately to damage your property there may well be a cause of action nuisance and possibly deliberate damage to land.... Read Answer

While it will not matter for your RE transaction, you might consider an OREC complaint against your realtor. You can make the complaint via their online complaint form. As for the RE transaction, it sounds like you decided to not cancel the sale before the end of your inspection period. Something I would have recomended given the late discovery of material defects effecting the value of the dwelling.  ... Read Answer

The Landlord can only charge the rent of the original lease or evict. If the lease speaks to a holdover rent and what it is that is the rent for the time of holdover. The landlord CANNOT put a term into the lease that is not there. It will take until May 14 to evict you anyway, still if you want your security deposit back, it is best to come to some agreement. It is a very rough rental market right now.... Read Answer