Brooklyn, NY asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Pennsylvania

Q: Who own the property? The bank ejected us while they were not the current owner of the property.

The bank took us to court on an ejectment case and won the case on 9/2023. However when the court granted the ejectment the bank was not the owner of the property. Another entity is listed as the owner in the recorder of deeds and on the tax statements. The bank lost possession of the property through a nonjudicial process on July 2023. There is a 3mil lien on the property by the current owner. We appealed the order and the Superior Court in Philadelphia pointed out that the ejectment itself should be striked because the default judgment was never entered. We filed a motion to strike the judgment 3/2024 however the judge is denying us not granting the judgement. My question is Who owns the property? The current owner is willing to lease us the property can they do so? Will I get into trouble if I go back to live at the property since I was ejected? Can the bank get the poliece to arrest us if we return to the property they no longer own.?

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Ownership of a property is determined by who is listed as the owner in the official records at the recorder of deeds and on tax statements. If another entity, not the bank, is currently listed as the owner there and the bank had lost possession prior to the ejectment, then the legal ownership would rest with that entity. It's crucial to ensure that all property records are up-to-date and accurately reflect the current owner for clarity in such matters.

If the current owner, as recorded, is willing to lease the property to you, they have the right to do so, assuming there are no legal restrictions or ongoing disputes that would prevent them from exercising their ownership rights. Entering into a lease agreement should be approached with caution, ensuring it's legally binding and acknowledges the current state of any disputes or claims against the property.

Returning to live at the property after being ejected can be complex, especially if there was a court order involved. It's important to resolve any legal disputes regarding the ejectment and ownership before making any decision to return. Without resolving these issues, you could potentially face legal challenges, including possible action by the police if the return is viewed as trespassing. Engaging with legal counsel to navigate these complexities and ensure that your actions are within the bounds of the law is advisable.

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