Pennsylvania Real Estate Legal Questions

There's a legal and practical answer to this question.  Legally you might be able to claim adverse possession or some other easement due to how long the shed has been located where it is.  The practical problem is that for you to enforce that, you'd have to file a lawsuit against the neighbor and bear the costs of the suit.  The outcome will always be uncertain.  Plus you have an angry neighbor.  What is the least cost alternative?  File suit or move the shed?... Read More

You should be mindful of the deadline to file an appeal.  I always ask this question of folks in your situation -- what do you hope to gain from the eviction?  Buying time to find a new place to live?  If you're hoping to overturn the eviction and whatever else lead to the eviction you should know that your chances are typically slim.  Do you spend a ton of money in legal fees to pursue a slim chance of success?  Sometimes your money is better saved and applied to a new living situation.  You might also consider filing bankrutpcy to delay the actual eviction.  ... Read More

Someone can purchase it at the sale for the amount of taxes owed.  If that occurs, you will no longer own the building.  You may still be responsible for the unpaid loan/mortgage on the building.  That contractual obligation does not go away if someone purchases the building at a tax sale.  ... Read More

Was the prior loan paid off?  Or supposed to have been marked satisfied?  You'll need to provide more details.  Sometimes a loan is paid off and the mortgage isn't marked as satisfied on the record.  If that's the case, you can petition the court to have the mortgage marked satisfied.  There's a remedy for the situation but it'll likely involved some time and expense. ... Read More

You do this by preparing a new deed transferring a partial interest in the property to this person. However, you should understand the consequences of the transfer.  Among them are 1) this person will own an interest and you will lose sole control of the disposition of the property; 2) the person will be entitled to proceeds from the sale of the property consistent with the ownership interest transferred, regardless of his/her contribution to the property; 3) a judgment entered against that person will be a lien on the property.  I would recommend that you consult with an attorney before you change the deed to your home. ... Read More

That's a tough problem.  You may need to petition to open an estate for the deceased co-tenant.  If you plan to seek reimbursement for the costs you've paid over the years, you should not serve as the personal rep of the estate.  Once the estate is open, the property can be sold and you can fight with the estate over the co-tenant's one-half share of the sale proceeds.... Read More

Its a good idea to do the sale correctly.  If your son needs a mortgage, the bank will require a signed purchase agreement, title search and all of the usual things.  If you and your son consent, we could do all of the work and thereby reduce the number of persons involved in the transfer.  Feel free to contact us at your convenience. ... Read More

Most state attorney regulators have public sites where you can search to find information on attorneys, whether they have been subject to public discipline and have insurance.  Texas probably has this so you should search for the Texas bar association or attorney regulatory entity.  Does the attorney have an actual office?  Call the local bar association in the county where the lawyer is located and see if anyone knows of this attorney. ... Read More

All real estate in PA is subject to payment of local, school and county property tax.  Your situation is normal.  Sometimes the local and school taxes are billed on the same bill.  It may be that you are in the same school district as your friends but a different municipality. ... Read More

I'm sorry but I'm not sure what you're asking here.  The time limit for filing suit against anyone involved in the sale of your home to you has long since passed. I don't think that's a realistic option for you.  Some of the items you mention are wear and tear that would happen with any home. Maybe you can refinance your home, use the money to make all of the necessary repairs so that you can sell the home and move somewhere that is less of a hassle for you.... Read More

When you say "parish", do you mean a municipality in Louisiana?  I don't know about Louisana law but I'm fairly certain that without a lease or other legal right to occupy the property, they are trespassing once the owner says "leave" and your mother can probably call the police to have them put out. ... Read More

I've seen this kind of fraudulent filing recently.  They might've pledged the property as collateral to get a loan.  In any event, you are right to want to take action right away.  However, filing a lawsuit for this matter is complex and I would not recommend trying to do it on your own.  The process of serving the suit on the offender will probably be complicated.  You should retain qualified counsel to handle this matter for you.... Read More

These are really tough cases.  In order to prevail, you would have to prove that the sellers knew about the problem and either failed to disclose it to you or failed to disclose the extent of the problem.  That usually is hard to accomplish.  Just because you got flooded doesn't mean that the sellers know of of a problem.  What makes them more difficult is that you won't get your attorneys fees and costs paid if you are successful.  The cost of the fix would have to be fairly significant in order to justify the costs of litigation.  You should expect to pay no less than $5,000 in legal fees to pursue the case -- and quite possibly more.... Read More

This is entirely proper.  The LLC rents to the member of the LLC.  Maintaining the liability protection afforded by the LLC is a factor of lots of other issues but renting an apartment in a building owned by the LLC -- by itself -- does not jeopardize the liability protection of the LLC.  You should have good leases with the tenants and good insurance to protect you.  You should also observe some basic do's and don'ts common to LLCs to ensure that you'll get the protection you're seeking from the LLC.... Read More

Am I correct in assuming that your goal is to no longer be responsible for the loan/mortgage?  if so, then the current loan will need to be paid off either in cash or your brother gets his own loan.  You can certainly transfer the property but without paying off the mortgage (loan), you continue to be personally responsible for it. ... Read More

If the property is up for sale due to unpaid taxes, it sounds like the taxes have been delinquent for several years.  Taxing authorities are usually agreeable to payment plans.  You should contact them and ask what type of proposal they will accept.  Keep in mind that the taxing bodies can file suit against you personally and get a judgment against you for the unpaid taxes.  That would allow them to pursue your personal assets, not just the property in question.... Read More

I'm sorry to hear of your loss.  Whose names are on the deed to the property?  If the deed was title jointly with one or more other persons, the deed may dictate current ownership.  If the deed was in your step-father's name only, then either his will or the laws of intestate succession will govern the issue.  Did he have a will and, if so, does it speak to the disposition of the property?  Once you can answer these questions, you'll be able to identify the process of getting the property to you.   ... Read More

In order to get a reliable, specific answer to your question, I'll suggest that you 1) consult with the attorney who handled your bankruptcy or 2) have someone review your bankruptcy petition and the associated docket.  If you did not reaffirm the underlying promissory note, and if you properly listed that debt in your Petition, your personal obligation to pay the loan may be discharged.  You are correct that the lien on the property doesn't go away with your bankruptcy.  The lender can foreclose -- which is a proceeding against the property (although you'll be listed on the case and served with the paperwork).  The result of a foreclosure proceeding is that the bank can take the property or sell it at a judicial sale.  You'll then have to leave the property after that's all said and done.  Can you sell the property for any kind of net return?  You could also offer the lender a deed in lieu of a foreclosure.  Sometimes they'll actually pay you to do that (cash in your pocket is a good thing). ... Read More

"Claiming" the property is not a simple process.  You'd have to find and sue the owner to have that property transferred to you pursuant to the doctrine of adverse possession.   The analysis that goes into whether you can be successful is complex.  You'll have to incur quite a few costs, including litigation and maybe a survey to "slice off" what you claim from a larger parcel (if applicable).  Is it worth it?  Go into it with eyes wide open. ... Read More