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Pennsylvania Real Estate Law Questions & Answers
0 Answers | Asked in Libel & Slander and Real Estate Law for Pennsylvania on
Q: Our neighbor was witnessed slandering my husbands name in a public courthouse office of recorder, she was yelling that

Loud that several people heard her, one reported this information back to my mother-in-law, can we file a complaint of harassment or slander against her? If so, how? Do we need a lawyer to start the process?

We are currently having our land surveyed, no one really knows where the property... View More

0 Answers | Asked in Real Estate Law and Elder Law for Pennsylvania on
Q: I need to stop a judgment by default. I have evidence proving lies. Not sure, relief, amendment, new trial

I have a letter proving right to stay. My brother lied filing the case, we have proof the person was working proving sworn affidavit of personal delivery is false. We were refused a continuance due to not showing when we weren't aware of the case despite 3 back to back allowances for the other... View More

0 Answers | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: REO Property being purchased with cash, as is in PA. Seller is trying to make us buyers open repair escrow.

In a unique situation - buying a vacant REO property with code violations with cash, as is. The SELLER requested to do an inspection, they performed and paid for, disclosed results and said I need to pay for the repairs to be made, and I said I'd complete repairs POST CLOSING. They want to do... 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. .

0 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Is Abington Township's permit dept. required by Pa. law to consider all structural engineer reports for a garage rebuild

My elderly mother's 60-yr-old garage was damaged by a newspaper delivery driver's vehicle. Abington Township's own building inspector, along with six diff. contractors, have stated the garage will require partial re-build but not a full demo. A structural engineer from my... View More

0 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: I bought a home at an upset sale. It has a mortgage from previous owner. Deed is in my name, Can I be evicted?

Hello. I purchased a home at an upset sale, there was an unpaid mortgage on it. I moved into the home once I received the deed in my name. A couple months later the home went up for sheriff sale againt previous mortgage holder. It didn't sell at auction, asking price too high I believe. What... View More

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

3 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: What should we do with my widowed mom's house to protect the heirs against capital gains upon her death?

My mom and dad bought the house in the early 70's for about $35,000. The house is now likely worth over $400,000. My dad is deceased, and my mom is 82 and relatively healthy. There are 3 kids, and we want to know if we should do something now to protect against heavy capital gains taxes... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 18, 2023

The PA "death tax" on an Estate, when the heirs are the children of the deceased, is like five percent of the fair market value of what's distributed. No heavy tax.

The Federal 'unified tax and estate' tax has a deductible of several million, so you needn't...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I sent a deposit to purchase land and now they can’t sell at the moment but won’t return the money

One owner died and his wife has dementia so her children are getting a guardianship to sign for her but have no date it will finalize

Anthony M. Avery
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answered on Dec 5, 2023

You will need a PA attorney to sue for the deposit. Hopefully your contract has terms related to the earnest money.

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