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Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: NJ Siblings need to set up an LLC for a vacation house in PA and need to know proper protocol and procedures.

Three NJ resident siblings want to set up a LLC for their recenltly inherited vacation home in Paupack PA in order to spell out financial responsibilities, succession rules, and regulations for using the property. With the approval of the others, one sibling had a NJ lawyer produce a LLC for... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 19, 2024

While I think it possible that your sibling misunderstood that the tax preparer (CPA?) actually said, in forty-years of practice, I have never heard of a PA law or rule governing or limiting who may draft LLC documents (other than perhaps the PA Bar, which governs who may practice law within PA).... View More

0 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Real estate company who does not own the house I live in changed the locks, do I have legal recourse

Private landlord owns this house, is not on the market. Century 21 dispatched a locksmith and changed the locks on the house I live in, and entered the property

I was locked out of the property

0 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Restriction of forms of payment under lease, privacy rights when required to use such potential data sharing software

In my renewal lease my landlord/management company is requiring that rent payment occurred exclusively through two forms: 1) through a platform called "rentcafe" (a product of the company "yardi", currently facing a class action lawsuit related to data sharing/ enabling price... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Pennsylvania on
Q: Is there specific language put in survivorship deed to show added name is my child to be exempt from PA transfer tax?

I am adding my daughter's name to my deed with right of survivorship. We have a draft of a special warranty deed with right of survivorship and I want to know if there is specific language that should be included in the deed to show she is my child in order to be exempt from the Pennsylvania... View More

Stephen M. Asbel
Stephen M. Asbel
answered on Nov 20, 2024

I do not know all the facts in your situation but before you proceed with adding your daughter to the title of this deed, you should consider the potential that doing so could reduce the benefit of stepped-up basis in calculation of capital gain tax if the house is sold in the future. The... View More

1 Answer | Asked in Real Estate Law and Banking for Pennsylvania on
Q: Can I be deny for sba home disaster loan?

If my state, and the federal government declare my area a disaster due to the storm, can the Sba decline a home owner for a home disaster loan?

James L. Arrasmith
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answered on Oct 11, 2024

Yes, the SBA can deny a homeowner for a home disaster loan, even if the area has been declared a disaster by the state and federal government. Approval for the loan depends on factors such as your credit history, ability to repay, and any previous debt obligations. If these factors don't meet... View More

1 Answer | Asked in Banking and Real Estate Law for Pennsylvania on
Q: Husband and I want to buy grandparents home. Can grandpa cosign our loan even though he owns it currently?

Grandpa was military. We all live together. They're getting older so we want to purchase their home from them but would grandpa be able to cosign our loan so we qualify for a VA loan with lower rates?

James L. Arrasmith
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answered on Oct 2, 2024

When considering purchasing your grandparents' home, it's important to understand how VA loans work. Typically, VA loans do not allow third-party cosigners, including family members like your grandpa. The loan approval is based on your own creditworthiness and eligibility as veterans or... View More

1 Answer | Asked in Divorce, Real Estate Law, Appeals / Appellate Law and Civil Rights for Pennsylvania on
Q: I live in a property owned solely by my husband as he lives in another. He had filed for divorce oround March or April

?

James L. Arrasmith
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answered on Sep 11, 2024

It sounds like you're in a complex situation, especially since the property you're living in is solely owned by your husband. If he has filed for divorce, it is important to understand your rights regarding your current living arrangements. The outcome may depend on several factors,... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I need to have my wife added to a track of land I own in Mifflin county Pa. plus have the amount of acreage corrected.
Mark Scoblionko
Mark Scoblionko
answered on Sep 5, 2024

If there is a mortgage on the property, you will first need the lender’s consent. You will have to hire a surveyor to prepare a new legal description. You should then have a lawyer prepare a new deed for you, which, after execution, can be recorded. The new deed should include both the old and... View More

1 Answer | Asked in Immigration Law, Real Estate Law, Land Use & Zoning and Municipal Law for Pennsylvania on
Q: What lawyer do I need for house condemnation?

My house was condemned unfairly. It is not unsafe or unsanitary. My kids and I are now homeless. I appealed and have a hearing in August. City officials are saying I don't have a chance no matter what I do. Even if I do what they are saying is making it condemned. How can I fight this? I need... View More

James L. Arrasmith
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answered on Jul 18, 2024

You need to consult a real estate attorney who has experience dealing with property disputes and local government regulations. This type of lawyer can help you understand the specifics of your case, gather necessary evidence, and represent you at your hearing in August. They can also challenge any... View More

1 Answer | Asked in Divorce and Real Estate Law for Pennsylvania on
Q: My ex wants to give me the house. Transfer deed only adds me . Can we use a quit claim deed ?

The current deed is only under his name . I understand it doesn’t change who’s responsible for the mortgage , he just wants his name off .

John M. Kenney
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John M. Kenney
answered on Jun 22, 2024

Absolutely. A quitclaim deed offers no warranties of title somewhat like you get what I have. Since the home is subject to the existing mortgage a quit claim is totally appropriate. .

2 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: I hired a surveyor to survey my 11 acres and he surveyed it to my neighbors statement. Now I lost 4 acres. Is this legal

My deed states I own 13.5 acres 2.5 is where my house sits and other 11 is field and woodlands. The surveyor spoke to neighbor and neighbor has been cutting back of my woods for years. And surveyor says he'll be out his property and only did a brief search on his.

Anthony M. Avery
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answered on May 30, 2024

The surveyor has given you his opinion of what you actually own. If you disagree, hire another surveyor for his plat. If it looks good, hire an PA attorney to file a Boundary Line Dispute which is a difficult, expensive Declaratory Judgment Action.

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3 Answers | Asked in Estate Planning, Real Estate Law and International Law for Pennsylvania on
Q: My grandfather passed away (resident of California) but had a property in France.

Two years before he passed, he and my grandmother filed wills in France giving each portion of the apartment to me (apartment). How does this get handled in the US and in France?

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on May 5, 2024

According to French law, there are two forms of inheritance acceptance:

acceptance of inheritance in a simple form (complete);

acceptance of the inheritance with the condition of drawing up an inventory.

Full acceptance of the inheritance can be carried out explicitly, by...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Pennsylvania on
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... View More

James L. Arrasmith
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answered on Mar 28, 2024

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... View More

1 Answer | Asked in Tax Law and Real Estate Law for Pennsylvania on
Q: Can I switch name of ownership on a house that has taxes that are still owed?

My dad passed away in 2015 he has a house in PR that me and my mother have been taking care of. We are trying to switch the title over to our name but taxes still need to be paid. Do we have to pay the entire amount before we can switch names?

James L. Arrasmith
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answered on Mar 13, 2024

In most cases, you can transfer the ownership of a property even if there are outstanding property taxes. However, the unpaid taxes will typically remain attached to the property, meaning that the new owners (you and your mother) will become responsible for paying the taxes once the title is... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Is it my responsibility to confront a neighbor about water from their property flooding my property?

I’ve had water pooling in my yard since early September 2023. I contacted my borough manager and was advised to contact the water company. They were here twice and found no leaks in their system. The borough then referred me to the engineering firm contracted by the borough. No help. Repeated... View More

Anthony M. Avery
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answered on Feb 14, 2024

If you are the property owner adversely affected by the property tort damage coming from an adjacent property, then it is your right to sue for the damages. It will not be a simple suit. You will need at least a contractor, probably an engineer, and of course, a PA attorney. SOL's can run... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Do I need legal document living with wife and sister in law in family home wife sister 50/50 split estate.

Sister in law is executor of will, mother died in 2017, will not settled yet. Worried about paying property taxes, school taxes, home repairs with 50/50 split, etc. Part of estate includes land rented to farmer so money comes in to estate now. Worried sister in law will not provide information... View More

Michael Cherewka
Michael Cherewka
answered on Jan 29, 2024

You (and your wife) need legal documents (including a Deed) to close the Estate and make sure all Inheritance Taxes were paid so you end up with clear title to the property. You should also have an agreement between your wife and your sister- in- law to manage the property. Your wife and sister-... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Pennsylvania on
Q: Can forgery invalidate security interest in a mortgage?

Lender believed that the address on the mortgage, note, and notice of assignement were incorrect. To correct it, they completed a modifcation document with the assigned servicer and forged the signature of the borrower. Because there was no real mutual agreement based on the forgery, do the... View More

T. Augustus Claus
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answered on Jan 16, 2024

Forgery can have significant legal implications, and if a signature on mortgage-related documents, including a modification document, has been forged, it raises serious concerns about the validity of those documents. In Pennsylvania, as in many jurisdictions, a forged signature can potentially... View More

1 Answer | Asked in Tax Law and Real Estate Law for Pennsylvania on
Q: In phila, Pa I aquired my mothers house by survial and im on deed. If I sell the house what taxes do I pay and how much?
James L. Arrasmith
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answered on Jan 8, 2024

In Philadelphia, Pennsylvania, when you sell a house that you acquired through inheritance, you are potentially subject to capital gains tax. This tax is based on the difference between the selling price of the house and its value at the time you inherited it (known as the 'stepped-up... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Seller asked to leave shed on property for 30 days. It’s now after 30 days. Is it ours now?

We closed on a house Dec 1. We had an addendum written that states the seller can leave their shed for no more than 30 days, along with paying for removal and any damages. The problem is, they haven't picked up the shed and it is now over 30 days. Is it our shed now?

Unfortunately,... View More

T. Augustus Claus
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answered on Jan 1, 2024

In Pennsylvania, the ownership of a shed left on a property after a specified period, as outlined in a contractual addendum, can be determined by the terms of the agreement. If the addendum explicitly states that the seller can leave the shed for no more than 30 days and that ownership transfers to... View More

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