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Pennsylvania Real Estate Law Questions & Answers
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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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania on
Q: My parents have been married 40 years. They want to transfer property from only my dad's name to both. What do they do?

He has real estate as well as our house in his name only, and my mom wants her name put on the property as well. How can they go about switching ownership legally from just him to both of them, so that her name can also be on the deed?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 30, 2023

Easy to transfer title ownership.

Your father can sign a deed from himself to both his wife and him, and probably as joint tenants, with right of survivorship so that when one dies, the other owns the entire property automatically. He then records the deed. There will be a fee for that by...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My Father died in July of 2021 and his Mother my grand mother died in Dec of that year as well she had a final will

Which my father is listed on would his kin still have any rights to the property left behind

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

It depends on the language of your grandmother’s will. If she left a bequest to him “per stirpes”, his share would pass to his children since he died before your grandmother.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My boyfriend and I are on the Deed to our home as Tenants In Common. Is it legal for each of us to have family member(s

) live in the home also?

Mark Scoblionko
Mark Scoblionko
answered on Jan 16, 2023

Sure, so long as you both agree and you annd your boyfriend are the sole owners of the property.

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: My brothers and I are owners of our family home with my oldest brother having 5/8 and the others 1/8.

My oldest brother is having serious health problems that could possibly be fatal. He has incurred some medical debt due to having no health insurance. If he signs over his 5/8 share of the property to the rest of us, can we avoid paying his medical bills with the estate if he should pass away?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 11, 2023

PA has a "fraudulent transfer" statute, to defeat the give-away of assets by a debtor or soon-to-be debtor intending to make himself "judgment proof". The reach-back period to recapture transfers of property for insufficient consideration is four years.

You don't...
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1 Answer | Asked in Bankruptcy and Real Estate Law for Pennsylvania on
Q: I filed chapter 7 four years ago and included my mortgage. I continue to pay. Can a new lien be placed on my house?

Technically, I could walk from this mortgage as I am legally free from paying it but I plan to finish it. Can another creditor I'm having trouble with and was not included in the original chapter 7 bankruptcy place a lien against me on this home I have no legal obligation to pay? If yes, what... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 5, 2023

Justice Clarence Thomas, in the Dewsnup opinion, wrote for the majority that in a Chapter 7 case, a validly perfected mortgage lien against property cannot be "stripped down", i.e., is not affected by the bankruptcy filing (the opinion strangely held that section 106 of the bankruptcy... View More

1 Answer | Asked in Real Estate Law, Business Formation and Landlord - Tenant for Pennsylvania on
Q: LLC formed in NJ owns rented condo. LLC address was my home address which i sold and moved to PA.

i am trying to figure out what to do with the LLC. i need to changed the LLC's address as it was my sold home in NJ. do i need to file as a foreign PA LLC, create a new LLC in PA? do i need to close the NJ LLC? i am trying understand the best way to 'move' my LLC to PA. what... View More

Michael Cherewka
Michael Cherewka
answered on Dec 27, 2022

Do not have all the facts here, but it looks like you have several options. The easiest would be to get a Registered Office or Registered Agent in NJ for your LLC. The property is located in NJ, and you have a NJ LLC so that lines up fine. Just because you (as the Member or Owner) moved to PA... View More

1 Answer | Asked in Real Estate Law, Business Law, Probate and Estate Planning for Pennsylvania on
Q: Estate property sole without executor consent for SIGNIFICANTLY Below market value

Father passed away in 2017. I was named the sole executor and beneficiary in his will. The will explicitly outlined this property as belonging to him and being left to me in the case of his death. Suddenly a silent business partner that walked away four years ago exerts that he is half owner of the... View More

David Kennedy Bifulco
David Kennedy Bifulco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2022

Dear Executor, without more details it is difficult to give you an answer as to what recourse you may have. That aside you are the Executor which means that you step into your Father's shoes regarding the disposition of his assets. The attorney that represented the Estate should have... View More

1 Answer | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: My Friend unknowingly bought a meth lab. How can he get out of the home without losing all his money?

They have very little money and the home owners insurance won't help them. The previous owner denies it was a meth lab despite heavy evidence to the contrary. However they have no money to sue in court. The house is under a mortgage. Its also unsafe to live in. They need to leave the home if... View More

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Did your friend order an inspection as part of the purchase process? Did the lender require an inspection or appraisal before approving the loan?

3 Answers | Asked in Real Estate Law and Collections for Pennsylvania on
Q: if a home had a heloc loan on it from 03, and was never paid and the deed was given to me can the 3rd party foreclose?

my grandparents had a loan on the house before they passed. left the house to my aunt, no one wants the house. the original loan was with a bank that was taken over by another bank. the loan was 10,000. a third party took the loan pennies on a dollar and 2020 and now want 26,900, my aunt... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 31, 2022

There is a PA statute providing a 20-year statute of limitations on actions upon real property mortgages. If the mortgage holder has failed to take action within twenty years from the date of first default, it will be barred from initiating suit. Until then, however, the mortgage holder is free... View More

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2 Answers | Asked in Real Estate Law, Elder Law and Probate for Pennsylvania on
Q: Am I legally required probate husband's will if he left entire estate to me ?

I am selling commercial property with both our names on deeds. We were in the process of doing this together before his passing but never started any listing etc. I just want to sell as is, no contingency, cash only. Must I probate the will or can I just proceed as we were planning?

Stephen M. Asbel
Stephen M. Asbel
answered on Oct 25, 2022

If both you and your husband's name are on the deeds for these properties, then your ownership probably was "tenancy by the entireties" - a form of ownership for married couples under which when one spouse dies, the suriving spouse becomes the sole owner by survivorship. The... View More

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: If someone is selling their property and they are not married and do not have children together does the other person's

My father is selling his land he was never married to the woman who passed but her children are saying they should get some of the money from the sell

Nellie T Schulz
Nellie T Schulz
answered on Oct 16, 2022

I assume that the woman who died was not named as a grantee on the existing deed to the father and that the father was the sole owner of the real property. I can see no scenario under which a close friend and occupant of real property can gain any ownership rights to that property, absent a written... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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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... View More

W. J. Winterstein Jr.
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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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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... View More

W. J. Winterstein Jr.
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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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