Pittsburgh, PA asked in Real Estate Law and Collections for Pennsylvania

Q: if a home had a heloc loan on it from 03, and was never paid and the deed was given to me can the 3rd party foreclose?

my grandparents had a loan on the house before they passed. left the house to my aunt, no one wants the house. the original loan was with a bank that was taken over by another bank. the loan was 10,000. a third party took the loan pennies on a dollar and 2020 and now want 26,900, my aunt gave/transferred the deed to me. i was willing to negotiate but never seem to get them to speak. someone said the loan may of expired. can they attempt to foreclose. they didn't take care of the house and taxes have been taken care of. general assessment in the area is 25,000. county assessment say10,000. the roof, electric, water, gas, and other things need to be done to live in it. what are my rights now that the deed is in my name

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3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Collections Lawyer
  • Jacksonville, FL

A: Assuming there's no statute of limitation issue, the lender can sue to foreclose the loan and your interest in the house.

David Kennedy Bifulco Esq. agrees with this answer

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Collections Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: There is a PA statute providing a 20-year statute of limitations on actions upon real property mortgages. If the mortgage holder has failed to take action within twenty years from the date of first default, it will be barred from initiating suit. Until then, however, the mortgage holder is free to pursue its rights to enforce the mortgage lien against the house.

David Kennedy Bifulco Esq. agrees with this answer

David Kennedy Bifulco Esq.
PREMIUM
David Kennedy Bifulco Esq. PRO label
Answered
  • Collections Lawyer
  • Bethlehem, PA
  • Licensed in Pennsylvania

A: Without more information I can't give you a complete answer. There are several options depending on what the documents say. You should contact an experienced Real Estate/Foreclosure attorney to go over the documents and provide you with possible solutions.

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