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Pennsylvania Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Pennsylvania on
Q: I'd have a friend who lives in Newark, DE and she and her family are deaf. They are having a problem with their landlord

Finding out that their electric bill is almost double for the past two or three months. They were told that the loft over the garage is not included in their rent. Which they live in the house with no access to the garage and the loft. They were told they were not responsible for that property... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: Hi my fiance passed away with no will in 2018. His mother and I want to resume the mortgage. We haven't paid on it in 2

Years. And I executer relieved foreclosure papers today. If we want the house to be in both of our names what do I have to pay in taxes and is it split considering his mom is heir? What are the taxes based off of? What assessment does it come out of if none has been done since 13

David Kennedy Bifulco
David Kennedy Bifulco
answered on Sep 29, 2022

You said you have been served a foreclosure action. You have to respond to this Court Action as soon as possible. You have 20 days to object to the complaint and 30 days to file an answer and new matter. If you fail to respond properly the Bank attorney can file for a default judgment. If... Read more »

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0 Answers | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: I have a lease to own agreement for 12 years, now the owner wants me to finance it now. Is this a breach?

The owner says he now doesn’t want to finance it for the length of the agreement and I have to now find financing. I have lived there almost 4 years and also pay the real estate and school taxes. I gave him 5000 as a down payment. I also misplaced the agreement and he refuses to give me a copy.

0 Answers | Asked in Real Estate Law, Estate Planning and Probate for Pennsylvania on
Q: Well, the homeowners insurance company said we needed a new deed created before we could obtain a policy for the home...

...because the policy my father had was about to expire and the company would not renew. They said they needed a deed with my sister's and my name on it. So we had a Real Edtate Attorney who created an "Accomodation Deed" and recorded it in our county. I was still under the... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Q: What happens if 2 siblings who inherit a parent's home, cannot agree on what happens to the house during probate?

Here are the details. Sister and I inherited house from father (no mortgage or liens), no will, we started probate, we payed the inheritance tax, we got a new deed created with both our names on it, and we agreed that we both were going to continue living in the house for the next year or 2, but we... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 22, 2022

If that "new deed" to both of you has been executed and recorded, then the property is no longer part of the probate estate.

If the two of you are unable to come to some agreement about what to do with the property, either one of you can file a partition action in court, that...
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0 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Partner and I both on deed of home, but only he is on mortgage. We are splitting up and he wants me and my dtr to move.

I am not employed. What are our rights? Can he kick us out? Do I have rights to the house?

0 Answers | Asked in Real Estate Law for Pennsylvania on
Q: is hoa obligated to send out late notices before going to collections in PA. association fees paid but arrived late.

is there a condo association statute in PA whereby HOA must inform owner of a late fee for a payment that was made. I made association payments each month. some arrived late and a late fee was applied . however the monthly statements dont include late fees , only current months dues. i was not... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: PA LAW: Can proper service of a valid Act 91 Notice be deemed if it is not sent to the Last Known Address?

35 Pa. Stat. § 1680.403c(a) “Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at this or her last known address the notice provided in subsection”

12 Pa. Code § 31.203(a)(6)(i) "The notice shall be sent to the last known address of all... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 20, 2022

Every Mortgage doc I've ever read deals with "Notices", and every one says that sending a notice to the mortgaged property is sufficient for all purposes.

That said, lots of Mortgages also speak to the borrower's power to change the "notice address". That...
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0 Answers | Asked in Real Estate Law for Pennsylvania on
Q: We just moved into our home last week. We had a home inspection done, but there has been nothing but issues

The fridge was not working on our first day in here but it was supposedly working before but it really wasn’t. It was overlooked and the dishwasher leaks and now underneath the kitchen sink is leaking and there are plumbing issues that the home inspector overlooked and then we have issues with... Read more »

0 Answers | Asked in Real Estate Law for Pennsylvania on
Q: My stbx husband used a property jointly owned with me as collateral for a loan without my knowledge or consent.

Has he committed a crime? The collateral property is in WV and the loan was for a home in PA.

0 Answers | Asked in Real Estate Law for Pennsylvania on
Q: The County has no owner listed for a parcel of land. How would one acquire if I found the deed from 1860s?

While researching Tax parcels in Luzerne County, there are several parcels with no owners listed. There sometimes is a Tax Parcel ID number either with no owner listed , or the word "RESEARCH". After researching old maps and deeds I believe I found the original owner of the parcel. So,... Read more »

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: Is it legal for codes department to release a landlord's personal information to a tenant if they have a property Mgr?

Tenant bypassed property manager and contacted me on my personal phone, which I never gave out. Tenant is intent on harassing me and claims they received my personal info from someone in the codes department.

0 Answers | Asked in Real Estate Law, Civil Rights, Constitutional Law and Municipal Law for Pennsylvania on
Q: Does due diligence require a notice of condemnation to be served upon an unregistered (no deed) condemnee in prison?

Person inherited home from mother, who had inherited home from her mother, the person's grandmother. Deed was never transferred. Person went to prison: his home was condemned and taken by Phila. Redevelopment Authority, via eminenent domain without lawful notice or just compensation.

0 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Do we have recourse for basement flooding.

Bought home in PA. Disclosure stated basement was waterproofed. Heavy rain over the weekend. Basement flooded.

0 Answers | Asked in Real Estate Law for Pennsylvania on
Q: We have a squatter. He has given others keys to the residence.

The squatter has not set up residence on the property. We have pics of the empty bedrooms and tools and ladders on the first floor. He is a contractor and uses the house for storage for himself and two other people (that we know of). Before proceeding with eviction, we deemed it necessary to... Read more »

1 Answer | Asked in Real Estate Law and Foreclosure for Pennsylvania on
Q: My house is in foreclosure. I have sold my property prior to foreclosure date… I have deposits settlement date is set.

My real estate agent notified my mortgage company.

My mortgage company has listed my home on Zillow for sale after it is under agreement.. is this legal?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 1, 2022

If the mortgage is recorded then any "sale" takes subject to the mortgage which could be foreclosed. Your agent and buyer do not know what they are doing. You as the mortgagor might expedite the sale and get a release of the mortgage prior to foreclosure.

1 Answer | Asked in Family Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: I asked a previous question regarding domestic violence and being kicked out of my home. I now live in my grandmothers

Home, that I cared for for years but had to go to a nursing home and she had a reverse mortgage on the home and is now in foreclosure and so I will need to find a place to live or buy the property at forclosure? Is that my only option?

David Kennedy Bifulco
David Kennedy Bifulco
answered on Sep 6, 2022

There are specific rules regarding the purchase/repayment of the reverse mortgage by a family member. If the reason for the foreclosure is that your Grandmother is in a Nursing Home the contract should have provisions that cover this situation. It could be dependent on her status and whether it... Read more »

1 Answer | Asked in Insurance Bad Faith and Real Estate Law for Pennsylvania on
Q: Property was damaged by known third party. Property was sold. No mention of damage. Insurance claim turned in

Claim made to offending party's insurer. How much property damage is the insurer liable for? Thank you. Damage was done for years prior to sale and continues (storm water). Damage caused by offending party negligently not following the law

Tim Akpinar
Tim Akpinar
answered on Sep 5, 2022

A Pennsylvania attorney could advise best, but your question remains open for three weeks. I could only speak for the insurance elements of your question, since you posted under Insurance Bad Faith. It could depend on the insurer's policy limits and whether it is a loss covered by the policy... Read more »

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