Pennsylvania Real Estate Legal Questions

I assume you intended to write that the son said you are no longer able to rent the house.  Your rights as a tenant are governed by the terms of your written lease.  You should review the lease to see what it says about the term of your lease.  If the term is not expired, you are entitled to continue renting through the balance of the term.  The estate of the owner now "steps into his shoes" when it comes to the lease, meaning the lease is enforceable against the estate in the same way that it was against the owner. ... Read More

If you thought you signed a land installment agreement to purchase the home and you've been paying according to the terms of that agreement, you might be able to enforce it against the owners even though they say they never received a signed copy.  You should take the documents to an attorney right away and discuss the details.  If you have an enforceable agreement, it would be best for an attorney to send a letter to the owners right away putting them on notice of your claim. ... Read More

My suggestion to you is to tell him that if he relays any false or misleading information to anyone about any of you, that you'll consider it to be actional defamation and you will place his property insurance carrier on notice immediately of a claim for damages.  You can also suggest that you take his email as a threat and will report it to the police if he continues with such conduct.  You should tell him that you are in the process of getting an estimate to have the damage repaired.  do that right away. Present that estimate to the landlord and offer to work out an amount necessary to repair the damage. ... Read More

Maybe the answer is for the HOA to enter into a lease for whatever term you and your tenant desire but that the lease can be terminated by the HOA at any time on 30 days' advance notice.  Isn't that basically the same thing as a month-to-month lease?  If the tenant is paying rent timely, why would the HOA ever terminate?  There's little chance you get your purchase money back voluntarily short of selling the unit.  A lawsuit would be a very expensive way to try and solve this problem.  If I were you, i'd try and exhaust all non-litigation options first.  ... Read More

For Sale by Owner -- you will probably want an attorney or closing agent involved in some way.  Typically the seller is responble for preparing the deed and matters of title clearance.  If there are local ordinances that must be followed in order for you to transfer the property legally, those are typically seller obligations.  You are best served by speaking with an attorney and allowing that person to review the sales agreement in order for you to have specific advice on your situation. ... Read More

The unpaid taxes will be a lien on the property.  In addition, the association and most municipalties will file lawsuits against you at some point.  If a judgment is entered on those lawsuits, the creditors can seek to collect them against you and your personal assets.  They can garnish your bank account if you use a bank that has branches in Pennsylvania.  They can file the judgments in NY and collect on your non-Pennsylvania assets as well.... Read More

I've seen this kind of thing in the past -- a deed for the church property in the pastor's name.  I'm not sure why this is done; perhaps its customary in some denominations.  In order to answer this question, you'd need to have someone review the deed to see how it lists the actual owner.  If the property is truly in your father's name only, probably an estate needs to be opened for your father in order to convey the property to anyone, including members of your family.  The church may have some type of "claim" as well to the property depending on the circumstances of it's use of the property.  This really necessitates seeking out and retaining an attorney. ... Read More

Ejectment actions are complicated and you must strictly follow the rules of procedure in form, content and giving the "ejectee" proper notice of the suit.  These are typically not "do it yourself" types of cases.  You'd be wise to retain counsel to assist you with this endeavor.  Your need for advice is beyond what this Q & A forum can provide. ... Read More

In the Commonwealth of Pennsylvania, once the deed is taken by the buyer any provisions/conditions of the agreement of sale are considered to have been met.  If the provisions/conditions were not met, then closing should not have occurred.  If provisions/conditions were to survive closing then documents should have been written to provide for the same.   Obviously a full and complete reading of the documents would be required.... Read More

Someone will need to petition to open an estate for your mother.  Her real estate is part of her estate and ownership will pass via the laws of intestate succession.  If she was unmarried at the time of her death, her estate would be divided equally among her children.  You and your brother have equal right to open the estate.  You'll either petition as co-administrators or one of you can renounce in favor of the other who can serve as the sole admin.  If your brother is willing for you to have the property alone, he can disclaim his interest in the estate.  4.5% inheritance tax will be payable.  You should retain counsel to assist with the administration of the estate to ensure everything is done property and no cloud is caused to be on the title to the property. ... Read More

Wehn the HOA was dissolved, wasn't the disposition of the money in the HOA account addressed?  In what way was it dissolved formally or informally?  If the HOA is dissolved, I don't know how the treasurer would have any legal standing to continue holding or spending the money.  Seems like there is missing information here.  Yes, you can start by sending the treasurer a letter requesting that the money be distributed to the former homeowners.  However, who is entitled?  how will the money be allocated? ... Read More

I'd always suggest that the seller have an attorney review the sales agreement and the settlement statement if nothing else.  Customarily the seller is responsible to prepare and pay for the deed.  Having your own attorney allows you to control the price for that.  If everything works perfectly, you do not necessarily need an attorney but things so rarely work out that way. ... Read More

I do not believe a tax sale wipes the title to the property clean.  It does satisfy the taxes that causes the tax sale.  You probably took it subject to all other liens, including due but unpaid inheritance taxes.  You should have an attorney order a title search, do a title examination and give you an opinion on whether the title is clear and, if not, what needs to be done to clear title. ... Read More

Both landlords?  How are you leasing from a non-owner.  These facts raise more questions and answers.  I agree with counsel; best to retain counsel to assist you in getting to the bottom of the issue.  There is certainly an owner of record.  A shorthand way would be to access the assessment or tax records for your county to see who is listed as the owner.  A title search is the most accurate way to make that determination. ... Read More

I don't think there's an issue here of your current ownership of the property via the deed.  It may only be a question of the interest in the property that you received by survivorship and the amount of inheritance tax that you owe on the transfer.  Best bet is to retain counsel to assist with this issue. It's not a "do it yourself" matter. ... Read More

This situation is not uncommon but I don't think I have an easy answer for you.  Once his name is placed on the deed, he is an owner just as much as you are.  It does not matter whether he received it as a gift or from whom.  He is under no obligation to return it to you or your parents unless there is a written agreement to that effect.  You can either offer to purchase his interest in the property from him or it can be divided between the two of you during the equitable distribution claim in a divorce proceeding.  I agree that he may have a "moral" obligation to return the property but sadly that does not carry with it an legal obligaton to do so.  So sorry.... Read More

Well I'd thing that both would WANT to get rid of them!  If it can proven that the tenant is the cause of the infestation (i.e the tenant brought the mattress/bed into the unit), it is the tenant's financial responsibility to remedy the infestation.  If I were the landlord, I'd want to have come amount of control over the process so that I could be assured that the problem was fixed once and for all.  The cost can be charged by the Landlord to the tenant.  As always, check the terms of the lease and follow those terms explicitly. ... Read More

You’ve made the choice to sell your property without a realtor – Great! The savings on realtor commissions can be huge.  Does this mean that the process of selling a home will be any easier or less complicated? No. A recent report on mortgage closings from the Consumer Financial Protection Bureau describes real estate closings as confusion, stress, time pressure, cost and delays. A settlement agent/title company will be involved in the closing.  You have the right to choose who will provide those services.  Choosing the right attorney to assist you with the sale and serve as the settlement agent is critical to avoiding these common complaints.  My law firm provides those services. Get a Deal On Paper: Since no realtor is involved, someone will need to prepare a sales agreement. There are lots of form agreements available on line but beware; every agreement has a particular “slant” toward one party or another. Quality varies quite a bit. A poor quality agreement can give a buyer many “loopholes” that can be used to get out of the deal. You will want to make sure any agreement that you use is reviewed and modified by your attorney to make it most likely that the deal with close. Avoid Problems: Title searches, inspections and other items that happen during the time between the signing of the agreement and closing can cause major problems that can derail the deal. If you get an attorney involved before you sign a deal, that person can check to make sure that the title to the property is “clean” and will not pose any problems. You may think the property has “clear title” but title problems are fairly common. Get advice up front on potential issues, such as problems with the title, house, unpaid tax liens and old unsatisfied mortgages that could either derail the closing or give the buyer an opportunity to ask that you reduce the sales price. No Surprises at the Closing Table: Surprise fees and costs at the closing table are common complaints about real estate closings. Many consumers report that even though they encounter discrepancies that result in unease at the closing table, they often feel pressured to sign documents during the allotted time in order to avoid risking delays or even losing the deal. You should ask to see the settlement statement (HUD-1 Form) at least 24 hours prior to closing so that you can understand costs on the form, ask any questions that you have and get things clarified without feeling pressure at the closing table. Making the choice to sell your own home is making a choice to retain “control.” Using your own attorney to handle most aspects of the closing process is a great way to maintain control and ensure that the deal actually closes.... Read More

I am presuming that if you owned the home as a married couple, that your divorce proceeding did not address the division of this property since you are asking this question.  If you aren't certain of that, you should check your divorce decree to see if it speaks to the issue of maintaining and dividing this house. Assuming the house was not addressed in your divorce, you are entitled to seek partition of the house.  It will likely be sold to either one of you or an outsider, with the net proceeds of the sale (if any) divided between the two of you.  Before you seek partition, you may want to see if the house can be sold for a profit so that you don't have to bring any money to the closing.  Assuming it is sold and there are net proceeds, the court will take into consideration any agreements you have about maintaining the property or your respective contributions to maintaining the house and paying the expenses.  The court can award something other than a 50/50 division of the proceeds. Your ex being in jail presents a lot of practical problems.  It's not impossible to pursue partition, just very difficult with the other person being in jail. ... Read More