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Pennsylvania Real Estate Law Questions & Answers
2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania on
Q: Do my half siblings (we share a deceased father) have any right to my mother's estate?

I am the only full-blooded child of my deceased mother and my mother never adopted my half siblings. Neither of my parents had a will and they bought our house together. My siblings now think they have a share of my mother's estate.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 6, 2023

If the parents owned the property as joint tenants with right of survivorship, or as tenants by the entireties, the mother acceded to full ownership of the real property upon the father's death.

If the real estate was owned as tenants in common, and there was no father's Will, the...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: In Pennsylvania, can a friend provide a proof of funds letter to a mortgage applicant?
T. Augustus Claus
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answered on Jul 31, 2023

In Pennsylvania, a proof of funds letter is typically provided by a financial institution, such as a bank or lender, to show that a mortgage applicant has sufficient funds to cover the down payment and closing costs for a property purchase. While a friend may be willing to help by providing... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Want to block our driveway from neighbors using it cause we found out there is no right of way or easement.

How can we do this legally or can we just barricade it

Mark Scoblionko
Mark Scoblionko
answered on Jul 26, 2023

This is a complicated question, which needs to be reviewed with a lawyer. There are many missing facts.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: How can I take over a mortgage?

My father and I were advised he could have paperwork done saying that I would take over the mortgage on the house he owns, and that the ownership of the property would be transferred to me once it is paid, as he is planning to relocate. How can we go about this?

Nellie T Schulz
Nellie T Schulz
answered on Jul 20, 2023

It is possible (though unlikely) for the mortgagee and the holder of the mortgage note to sell these documents to you. Assuming the mortgage and promissory note were obtained through a commercial lender, they were probably sold into the secondary mortgage market and are serviced by (and perhaps... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: What do I do if the defendant is avoiding being served by the Sheriff in an ejectment complaint?

I am trying to eject the previous owner of a property I obtained at sheriff sale. The sheriff tried to serve the Ejectment complaint to them and they avoided the Sheriff, so the service was unsucessful after 3 tries. They say I need to petition the court for a court order to serve via alternate... View More

Anthony M. Avery
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answered on Aug 2, 2023

You ask the Court for an Order of service by publication in a local newspaper.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Escrow issues

I placed a cash offer on a home. My realtor told me in 5 days to put escrow. I ask would I lose my escrow if I change my mind. She said as long as money hasn't exchange hands and it's before the 5 days then no I wouldn't. Now in the 3rd day we change our minds and now the buyers are... View More

Nellie T Schulz
Nellie T Schulz
answered on Jul 20, 2023

There is no way to answer your question without knowing (a) whether the buyer signed the agreement of sale; (b) if the buyer signed the agreement of sale, what the agreement said about the buyer’s obligation to pay a good faith deposit (a.k.a. escrow amount); and (c) whether the agreement of sale... View More

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Pennsylvania on
Q: Which PA laws mirrow these laws in Georgia OCGA § 44-14-162.2 (a) , OCGA 16-8-102 (5) , OCGA 16-8-105 (a) & (b)

I would like to know which laws in Pennsylvania mirror the following laws as listed in the question from the state of Georgia.

OCGA § 44-14-162.2 (a) ,

OCGA 16-8-102 (5) ,

OCGA 16-8-105 (a) & (b).

Peter J. Weinman
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answered on May 12, 2023

I'm not licensed in either state, but I like a puzzle/challenge as much as the next guy:

OCGA § 44-14-162.2 (a) relates to Mechanic's and Materialman's Liens in Georgia, which requires a notice to be sent to a contractor or property owner before filing a lien claim for...
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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can an attorney help me get a mortgage lien removed from my home that was paid off 25 years ago but never satisfied
Anthony M. Avery
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answered on May 10, 2023

Hire a PA attorney to file a Quiet Title action. You must prove that the Note was paid in full. It can be difficult to serve old lender/noteholders, so publication notice may be necessary. When you win, you must draft a precise proposed Judgment, which you will record a certified copy... View More

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1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Pennsylvania on
Q: What legal options do I have if my house was sold at an upset sale when I still live in it

My house was sold Sept 2022 at an upset sale. I live in Latrobe pa Westmoreland county. After the sale I was never notified and the deed was transferred on Jan 30th. I am still currently living in the house and trying to find a place but it's hard since I'm on disability. What legal... View More

James L. Arrasmith
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answered on May 7, 2023

If your house was sold at an upset sale and you were not notified, you may have legal options to challenge the sale and possibly delay eviction. You should consult with a local attorney who specializes in real estate law or foreclosure defense to discuss your specific situation and explore... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: How do I find out who owns the ROW between my property and my neighbors and what its purpose is?

I have tried to look on the GIS Map and tax maps but it comes up as "no additional information"

Anthony M. Avery
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answered on May 2, 2023

The starting point is to search the titles of you and the adjoining tracts for the last 100-150 years. Easements can be created expressly, by implication, subdivision dedication, prescription, necessity, and probably a few other ways. HIre a PA attorney.

1 Answer | Asked in Real Estate Law and Civil Litigation for Pennsylvania on
Q: If I prove a surveyor committed perjury on his Affidavit used in a property dispute will the ruling be overturned

I am filing complaints with the WV Board of Professional Surveyors and the Registration of Engineers. A local surveyor lied and committed perjury on his Affidavit entered as evidence in my property dispute where I was the defendant.

I have Solid proof. This surveyor had to determine what... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

Be aware that a mistake is not perjury.

You may or may not be able to reverse the judgment depending upon whether you had the affidavit before the judgment was rendered and whether you had access to the information showing the error.

The general rule for a motion for new trial based...
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1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Pennsylvania on
Q: Where can I obtain a petition document for partition action in court of chancery in Sussex county delaware.A

My mom died intestate with a mortgaged home the lender sold portfolio of mortgages and in paperwork it showed owners death certificate but didn't show any documents of the 3 heirs so now the new mortgage co. Is trustee and said they need our birth cert. And signed quit claim deeds from the 3... View More

David Kennedy Bifulco
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answered on Apr 1, 2023

You should immediately seek counsel from a Trust and Estate attorney who is familiar with foreclosure actions. You should contact the heirs and open an Estate with the Sussex County Register of Wills or in the County of her residence when she passed away and have the heirs appoint an Adminstrator... View More

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Civil Litigation for Pennsylvania on
Q: In Pennsylvania..if I'm only one on deed but another person on mortgage can I sell the house?

The mortgage payments have been getting paid I just want to get away from the person and rid of house ..

David Kennedy Bifulco
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answered on Feb 27, 2023

Short answer is that a mortgage must be satisfied before you sell the house or satisfied at closing. If the mortgage is not satisfied the purchaser will be buying the house subject to the recorded mortgage lien. Please feel free to call my office if you have additional questions.

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1 Answer | Asked in Real Estate Law and Contracts for Pennsylvania on
Q: I listed my house "as is". Got offer for full price. Buyer is going with a conventional mortgage. The house didn't pass

appraisal. The buyer wants to do the repairs so it passes, but wants me to reimburse him at closing. Doesn't that void the "as is" contract he signed?

Nellie T Schulz
Nellie T Schulz
answered on Feb 25, 2023

Without knowing what the agreement of sale says, it’s difficult to answer any question about it. In any event, if the buyer’s financing fell through, the agreement probably allows you to terminate the agreement. I doubt the agreement would allow the buyer to even enter onto the property without... View More

1 Answer | Asked in Real Estate Law, Construction Law, Environmental and Municipal Law for Pennsylvania on
Q: I believe my neighbor may be digging and doing construction work without the proper permits. What options do I have?
James L. Arrasmith
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answered on Mar 2, 2023

If you suspect that your neighbor is doing construction work without the proper permits, there are a few options you can consider:

Contact your local building department: You can contact your local building department to report any suspicious construction activity. They can investigate...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: There is an alley-way directly behind my property. On the left and right side there are houses.

We are all allowed to use the alley-way for the purpose of walking through it. I need to attach a downspout to this area of my building in order to direct a portion of the rain water here. My question is, does the fact that we are all able to use the space for walking through also allow for this?... View More

Nellie T Schulz
Nellie T Schulz
answered on Feb 21, 2023

It’s hard to say without knowing whether there is a written easement agreement or other writing (perhaps in the deed) creating the right of way and whether it restricts the easement for its intended use. If the new downspout would further restrict the use of the easement for its intended use, I... View More

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can an agent represent both the buyer and seller, and review other offers for the property? Without informing anyone?

Put in an offer, found out they went with another offer. Later found out that the agent selling the house also represented the winning offer. From what I can tell, that agent is required to disclose this, and they are not permitted to review other offers on the house.

Nellie T Schulz
Nellie T Schulz
answered on Feb 13, 2023

The agent representing the seller is called the “listing” agent and the listing agent is the person who enters into a contract either the seller. Under PA law, a listing agent is permitted to represent both the seller and the buyer. The listing agent is required to disclose to the seller in the... View More

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1 Answer | Asked in Real Estate Law and Family Law for Pennsylvania on
Q: we bought a house together in PA, we've split, I have full custody of our child, She hasnt paid

the mortgage (I have been so credit doesnt tank) my family court atty says send her an eviction letter so I can sell the hosue, but everything I see is for tenants. Is there a special letter I should send?

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

You need to ask your family court attorney for a better explanation.

Ordinarily, if two people are both named on the deed for a house, each person has the equal right to occupy the house, and neither owner can evict the other.

In a divorce, the family court can award either spouse...
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2 Answers | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for Pennsylvania on
Q: How long a Bank can collect on a judgment in PA? Judgment was on my credit report for 7 years but not sure when Status

Is there any status of limitation on this judgments? This was for an unsecured business loan from one of the major banks .

David Kennedy Bifulco
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answered on Feb 13, 2023

Judgments become liens on all Real Property the person owns in the County where the Judgment is recorded. Judgments need to be renewed every 5 years to retain the lien and its priority against the Real Property. You should contact an attorney that has experience in Real Estate and Foreclosure Law... View More

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: can i get help with a couple questions about my moms property

there are three names on the deed to the house. My name and my two brothers. my one brother doesn't care about the house and the other one is trying to force me to buy him out, force a sale on it, or my daughter that lives there to pay rent that wasn't agreed upon

Anthony M. Avery
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answered on Feb 1, 2023

Hire an attorney to search the title, determine ownership and liens, and if prudent, file an action for Partition.

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