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Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back whatever the owner owned, such as mortgage lien, mechanic lien or tax lien? Is the title not supposed to free and clear?
I asked around, some people tell me I am responsible... View More 
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answered on Jan 20, 2024
I agree with Attorney Winterstein's answer and would add that consulting with an Attorney and with a Title company to research the liens is extremely important. They will know what to look for. If you are a novice, you may miss liens that you could end up being responsible for. If the... View More
Hello. I want to purchase a foreclosed home from auction in PA & want know if i am responsible for paying back whatever the owner owned, such as mortgage lien, mechanic lien or tax lien? Is the title not supposed to free and clear?
I asked around, some people tell me I am responsible... View More
answered on Jan 20, 2024
When a piece of real property is foreclosed and put up for sheriff's sale, the lien that is foreclosed (it may be a first mortgage, junior mortgage, tax lien, or other statutory or judgment lien) will be paid from the bid at the sheriff's sale. So will tax liens, and so will the... View More
I have a 3.25 interest rate on my mortgage, is it a good idea to cash out as a second mortgage for 5.99 or higher? Thanks.
answered on Sep 16, 2023
I have no idea. It would depend on a variety of factors, including the outstanding principal balance of your current mortgage, the amount you are considering borrowing, the market value of the property now and what it may be when you may sell the property, what type of property is involved, the... View More
answered on Jul 5, 2023
I've seen two methods of litigation concerning mortgage foreclosures: the first is foreclosure of the mortgage after due notice of acceleration of the debt evidenced by the Note, and the second is to sue on the Note alone, with the Mortgage reserved for post-judgment relief.
Assuming... View More
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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... View More
We currently have a buyer. Sheriff doc indicates Active (p).
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answered on Aug 8, 2023
Is this the Sheriff Sale date or have you just received/been served with a Complaint in Foreclosure?
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answered on Jul 26, 2023
No, but you could hire me to assist you. Or, I recommend that you hire a licensed attorney. Otherwise, I wish you the best of luck in your endeavors.
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
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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
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... View 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?
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... View 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... View 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... View More
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