Pennsylvania Real Estate Legal Questions

Well it sure sounds like you have some type of agreement, whether in writing or not.  Is there an enforceable loan agreement here?  Perhaps.  Oral agreements are enforceable under many circumstances.  Proof is usually the problem. Is there a "moral" obligation here?  Only you can decide. ... Read More

Well that's a tough spot to be in.  The advice I'll give you is don't ignore the papers.  Read them completely.  Be mindful of deadlines.  If you are required to file written responses to anything, filing something is better than nothing.  Don't miss hearings.  Go to them every time.  If your residence is the property subject to partition, you could lose your home.  Find a way to get or borrow the money to retain counsel.  ... Read More

I would suggest that you complain to your local municipality -- township supervisor or borough manager about the problem.  you could also determine what municipal entity is responsible for maintaining the road -- local, county or state and report the poor condition of the road.  Otherwise, if the trucks are legal on the road, there's little you can do about it other than to complain to the trucking company.  Maybe they're all headed to the same place, like a gas well site or something and you can complain to that site owner. ... Read More

The buyer takes the property subject to your lease.  The new owner would have to go through an eviction proceeding just like the landlord.  Hopefully you'll be able to work something out with the new owner and be able to stay.  Warning -- the old owner has the right to collect rents up until the deed is issued by the sheriff to the new owner.  So be careful to whom you pay rent.  you may not be paying the correct person.... Read More

I don't see why you'd have to do that.  However, I would strongly recommend that you retain an attorney to do a title search and title examination to ensure that you are receiving a clear title to the property and that there are no unpaid taxes, mortgages or other liens against the property.  Best is to deal with those before you pay, not after the fact.  My office handles residential closings regularly.  its money well-spent.... Read More

Your lease is valid and permits you to remain there.  You must continue to pay the rent to the owner of the property until the propery is sold at sheriff sale, if that actually happens.  If that does happen, the new owner (perhaps the bank) will contact you about next steps. There won't be any midnight move out situations for you but if you're near the end of your lease term, you should plan to move so that you don't have to deal with the uncertainty.... Read More

Congrats on deciding to sell your own home.  The process of putting your house on the market to getting it closed has many pitfalls that can derail your deal.  People who choose to sell their own property are in a better position to control the transaction than are those who sell through a realtor.  Realtors often control the transaction with their own title companies thus taking the deal out of your hands.  An atorney can help you better control the deal, keep you “in the loop” along the way and ensure that your interests are best served.  An attorney can 1) help prepare the required property disclosure statement; 2) prepare or review a purchase agreement; 3) give you tips on gathering documents and info that might be needed by buyers and their lenders during the sale process; 4)  hold deposit money; 5) prepare the deed (that's customarily the seller's duty); and 6) review the settlement statement.  In short, an attorney can help facilitate the deal and give you great perspective and advice through the process.  elp... Read More

I think you'd be co-signing for the loan.  The mortgage is what pledges the property as security for repayment of the loan.  What you need to do really depends on what the bank will require to give the loan.  You should think about what happens if your father cannot pay the loan.  You'll certainly want your father to put the house on the market and sell it in order to pay off the loan.  You might consider having some type of written agreement in place to address those matters before you co-sign for the loan.  It's nice of you to do this for your Dad but you are definitely impacting your credit.  It may also adversly impact your ability to borrow for your own purposes going forward. ... Read More

You can short sale you property to anyone.  Unless your daughter is willing to accept the property subject to the mortgage (and any current default in the mortgage) you should seek the lender's permission to sell the property.  Selling the property without that approval would constitute a technical default in the mortgage.  It also does not relieve you of your obligation to pay the loan off. ... Read More

Deeds with multiple family members can be tricky.  If your deceased siblings' spouses were on the deed, you probably can accoplish this simply with a new deed.  If only your deceased siblings' names were on the deed, their ownership interest is an asset of their estate and the estate would need to be opened in order to pass clear title to the remainder of you.  I'd need to see the current deed and could probably tell you after a brief consult. ... Read More

I think you can have any questions answered by an attorney who practices regularly in real estate or estate planning law.  Transferring property to your son has certain tax and legal consequences.  You should speak with an attorney to understand those before you decide what to do with your property.... Read More

If ownership passed from your grandmother's estate to her two children, they became owners outright of the property and can do with the property whatever they want.  Your grandmother's will does not control the disposition of the property once the property is passed to the beneficiaries.  I'm not sure I understand the situation here though.  Your grandmother's will -- if it says last surviving child -- is a really odd disposition. I'm not sure how that would be actually effectuated without holding open your grandmother's estate all these years.  I think there are some facts missing here.  In any event, you can't sell what you don't own so if one child doesn't actually own the property, there's nothing to sell. ... Read More

Ouch -- this happens occastionally.  There is a solution to your problem IF you can locate records.  My first suggestion is that you locate all records concerning the 2004 refinance, including information showing that the 2003 mortgage was scheduled for payoff in that transaction.  Second, you propbably purchased mortgage title insurance in 2004. If you did, you might submit the matter to the title insurance carrier and see if they'll get the matter resolved for you.  Third, you should contact the settlement agent who handled the 2004 refinance and see if they'll help solve the problem.  However, if they sent the check and the problem is with the 2003 bank, the settlement agent might say "no our problem".  If there is no title insurance, and these other suggestions don't work, you might consider filing litigation to have the mortgage marked as satisfied.  That's more complex and costly but it is doable. ... Read More

You've got a complicated problem here for certain.  The buyers are residing in the home.  If the deal doesn't close, you have to figure out how to make them leave.  Hopefully they are paying you rent -- and if not, you should ask for that but only after you have a written agreement with them.  Selling the home may not be the ideal way of paying for nursing home expenses, especially if your mother in law is in skilled nursing.  I would suggest that you contact an attorney to discuss the real estate and nursing home situation as soon as possible.  If you're in the Pittsburgh area, feel free to contat me. ... Read More

If she's your ex-wife, you own the property with her as "tenants in common" meaning you each own one-half fo the property.  It's just like you own it with any other person.  She can sell her individual interest in the property without your consent.  You'd still own one-half.  Maybe that is what was done.  She cannot sell your interest in the property without your participation.  If both of your names were on the deed, a typical buyer who knows what a valid deed looks like would have required you to sign the deed.  Did your wife sign your name without your consent?  Some facts are missing here.  You should obtain the new deed and have it reviewed by an attorney who can tell you what actually happened, whether it was legal and, if not, what your options are to try and undo the transaction or get compensaed.  ... Read More

I presume you have an agreement to purchase a house owned by a trust and there's a dispute among the trustees/beneficiaries that's holding up closing?  Sounds like a complicated situtation.  You should contact an attorney in your area for assistance to get this over the finish line.  You may have a court remedy.  You don't want to have to go through that expense but getting an attorney involved might just enough to get this done for you.... Read More

If your property was conveyed to you subject to the rules in the HOA, then your rights to opt out of the HOA are governed by the HOA documents.  You should review those to determine whether you have a right to withdraw from the HOA.  You probably do not have that right.  The association might be able to let you out.  If it has that ability, I would presume it'll come with a price.... Read More

I think the term "ownership" here is confusing.  Think about it from the standpoint of having an "interest" or "stake" in the property.  For example, a tenant has a leasehold "interest" in the real property.  Tenant has right to occupy and use the property according to the lease agreement.  A life "tenant" in a property has a certain "interest" in the propety.  Typically that means right to use or occupy property for a term measured by the life of the tenant.  The specifics of the tenancy are usually detailed in the deed but not always.  Do they "own" the property?  Not in the traditional sense of the word but the "owner's" rights to the property are subject to the life tenant's rights. ... Read More

Have you sent a letter to the house?  maybe she collects the mail from time to time.  Was an estate opened for the owner?  If he did leave her the house in his will and an estate was opened, the register of wills likely has her name and address.  Was the deed changed to her name?  You could go to the recorder of deeds or the tax assessment office and check to see the name on the deed or county records and an address for communication. ... Read More