Real Estate Legal Questions

Ordinarily, to answer a question such as yours, I would ask to see a copy of the lease. The lease may determine how best to proceed. If the tenant or guarantor has assets subject to being attached, then an attorney can either request a hearing seeking an attachment or issue a writ of attachment (if there is a commercial prejudgment remedy waiver section in proper form in the lease). Before undertaking to seek an attachment, we suggest evaluating whether any real estate owned by the tenant or guarantor has equity in the property. This would involve having a title search done on the subject property or properties. The same would apply as to assets such as equipment. For example, if the equipment assets are subject to a UCC lien in favor of a bank or other lender, and the value of the equipment is less than the lien, it may not be worth seeking an attachment. Regardless of the above, you can still proceed to seek an attachment on the assets of the tenant and/or guarantor, which may result in you getting paid quicker if there is indeed a transaction pending to sell the assets of the tenant. The above does not constitute legal advice and is only given as a response to your questions in general terms. You should not rely upon the statements above and you should consult with an attorney before proceeding with any action against your tenant. ... Read More

you have these issues: 1. the owner's failure to maintain the property, might, if it interferes with the use of your property (rodent infestations, branches causing damage on your property etc, consitutes nuisance per se. other than that, the owner technically can charge you with trespass 2. be very careful about getting the owner unhappy with you, a landlocked property owner can claim an access easement of necessity to get to the property- typically the shortest distance to road access with the least disruption to the other owner is where such easements go; you don't want him claiming through your property. 3. the fact the land is landlocked means his use of it might be very limited (zoning). Buying him out, for just the raw land might make sense; also you could partner with a couple of other neighbors and put an offer on the property and then divide it among the buyer(s). I hope this helps... 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

Just to clarify, do you mean deed of trust, which is the mortgage instrument, or do you mean the deed that transferred titled?  If it's the former this has to be done with the mortgage company through a refinance.  If it's the latter, the persons named as owner(s) in the deed simply execute and record another deed to the person or persons who are to remain owners, removing the other(s).... Read More

The mortgage company will not approve the loan unless they have ownership interest in the property. They can give you a partial interest, or they can give you a life estate with right of survivorship. Your parents need to ahve a consultation with a local real estate and/or estate planning attorney for specific advice concerning their financial situation and yours to determine what the best method will be.... 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

Bad news, growing in Michigan is illegal. Bad news for them, there is a limit to how much they can grow and, if they grow too much, they can be reported for an illegal grow. However, an action for nuisance might be possible. You will need witnesses, get 2 or 3 people and film them and their reaction to the smell.... Read More

You have the right to get your stuff back. You will need a lawyer. It would help if you have a witness to the crime. File a criminal complaint and a civil complain for triple damages under MCL 600.2919a. The case sounds like a slam dunk. Also you can get attorney fees and attach the dude's house for harboring the stolen property.... 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

The short answer is yes. An easement is an agreement that allows some use on your property to benefit another. As long as the benefit remains for the person with the easement, you are allowed to use it too. I reccommend meeting with the other party and securing their agreement on your plan as a courtesy that makes sure they see their use is unaffected and to avoid any problems.... 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