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).
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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... Read more »
One of my good friends is getting married, however her fiancé is still on the mortgage to his previous house with his ex-wife. She hasn’t paid it in close to a year. If the bank forecloses, and there ends up being a deficit judgement, will that affect my friends home too (assuming they go... Read more »
answered on May 2, 2023
If the new husband is not on the existing deed to your friend's home, and they do are not joint obligors on any other debts, e.g., credit cards, etc., a foreclosure against the "divorce home" should have no legal impact upon your friend's home or mortgage.
To the extent... Read more »
One of my good friends is getting married, however her fiancé is still on the mortgage to his previous house with his ex-wife. She hasn’t paid it in close to a year. If the bank forecloses, and there ends up being a deficit judgement, will that affect my friends home too (assuming they go... Read more »
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answered on May 2, 2023
I agree with Mr. Winterstein. Since your friend is not an obligor on the Mortgage the Foreclosure will have no legal effect on her individually. However, if there is a deficiency after the foreclosure and the lender seeks to enforce it against her new husband it could have effects on the... Read more »
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... Read more »
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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... Read more »
answered on Feb 16, 2023
The heirs aren't personally responsible, but the property is.
Typically after the passing of a borrower with a reverse mortgage, there are 3 options:
- Heirs purchase the property and/or refinance the loan to pay off the mortgage
- The estate sells the property if... Read more »
answered on Feb 15, 2023
Directly, no, unless one or more of the heirs has signed a guarantee with the provider(s) of health care for the deceased.
An argument may be made by the creditor, however, for heir-liability, in the absence of a guaranty, if any of the heirs claimed the decedent as a dependent during life.... Read more »
Is there any status of limitation on this judgments? This was for an unsecured business loan from one of the major banks .
answered on Feb 14, 2023
Credit reporting does not affect the time in which a creditor can collect a judgment. A creditor with a money judgment in Pennsylvania can collect against the debtor's personal property, including money in bank accounts, for up to 20 years. In addition, as my colleague noted, judgments become... Read more »
Is there any status of limitation on this judgments? This was for an unsecured business loan from one of the major banks .
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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... Read more »
What is the purpose of them asking for the appraisal.? And will it affect selling the house by the owner before foreclosure?
Will it cause problems with other lenders in the future, if foreclosure is avoided?
answered on Oct 25, 2022
Given that there is already a pending foreclosure action, you probably can be compelled to afford the lender the opportunity to conduct an on-site appraisal, with the court's assistance.
The old lawyer who trained me to practice law taught me that it's wise to agree to an... Read more »
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
answered on Sep 29, 2022
I agree with the prior answer, as far as it goes.
I've been representing both financial institutions and debtors who owe money to them and others for the last few decades. Lenders want a "performing asset" (for a lender, an asset is a loan on its books, and performing means... Read more »
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
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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 »
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 »
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answered on Sep 20, 2022
A challenge to the proper service/receipt of the ACT 91 Notice is point of contention in most foreclosure actions that are being defended. These challenges are very fact specific and the Courts want the Defendant to show certain things in order for them to prevail. The reason for this is that... Read more »
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 »
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... Read more »
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?
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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 »
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?
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.
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answered on Jun 27, 2022
In Pennsylvania when you buy a foreclosure property and either the former owner or the former owner's tenant has possession of the property you have to file an "Action in Ejectment". This is filed in the Court of Common Pleas unlike a regular Landlord Tenant case which is filed with... Read more »
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... Read more »
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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... Read more »
The mortgage payments have been getting paid I just want to get away from the person and rid of house ..
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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.
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... Read more »
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?
I was added to deed 2003 per the conversation at the closing then the mortgage went to BOA because Ditech went out of business they went bankrupt, but the original note and mortgage was never paid off it was just a mortgage assigned and it in the deed followed, for some reason in the bankruptcy... Read more »
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answered on Jun 16, 2022
You have a lot of issues in your inquiry. Without seeing the docket and gathering more information it is not possible to give you an answer. You should contact an experienced foreclosure defense attorney to go over your legal rights.
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