Weatherly, PA asked in Real Estate Law and Land Use & Zoning for Pennsylvania

Q: How would I go about selling parcel when it shares a deed with another parcel and has one mortgage

Two parcels (.44 acres with home and 1.44 acre undeveloped land) share the same deed with one mortgage. How would I go about selling vacant land to family friend ?

1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: It makes a big difference if the shared deed (a) recognizes the two individual parcels and references surveyed legal descriptions for each, or (b) everything is referenced together as a single tract, with a single legal description.

If (a): You would require consent by the mortgagee, which would release the tract being sold from the lien of the mortgage. At that point, you would simply give a deed for the parcel being sold.

If (b): You would need to hire a surveyor to survey and prepare legal descriptions for the two tracts. You would then need to go through a sub-division process, which would formally split the land into two parcels. You would then proceed as outlined in (a) above.

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