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Pennsylvania Real Estate Law Questions & Answers
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
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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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.
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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... Read 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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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 PRO label
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 »

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
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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 Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Pennsylvania on
Q: What is a “plausible claim”

And what is subject matter jurisdiction ? Thank you I’m advance for answering this for me?

Tim Akpinar
Tim Akpinar
answered on Aug 2, 2022

A Pennsylvania attorney could probably advise best, but your question remains open for two weeks. In the most basic sense, a plausible claim is one that is valid. The claim holds legal merit. It could also refer to a claim's ability to withstand a motion to dismiss. Subject matter jurisdiction... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: How do I get information on the deed to my deceased father’s house.

My stepmother had a life estate for my father’s house , with my sister, stepsister and myself being the remaindermen. Whereas that arrangement is specified on his will, I’m not sure if it is reflected on the deed. I called the county clerk but she said she could not give me the info. How can I... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jul 26, 2022

Hire a PA attorney to search the Title and tell you the status. Real Property can be conveyed by a Probated Will, in addition to Deeds, Court Orders, Heirship, Tax Sales and Adverse Possession.

2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: How do we go about selling a house as remaindermen from a life estate.

My stepmother recently passed away. My father had granted her a life estate for his house, with the remainder interest to be divided between my sister, myself, and my stepmother's daughter. What is the process that we now need to go through to sell the house and divide the proceeds. The lawyer... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 25, 2022

You and your co-heirs need to know what the County record/Registrar of Deeds shows where the real estate is situated. If that record shows the grant from your father to step-mother, remainder to you and heirs, it is probably sufficient to file/record a Certificate of Death of your step-mom.... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Who can help me with a Power of Attorney and what does it cost?
Tim Akpinar
Tim Akpinar
answered on Jul 23, 2022

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It's difficult for attorneys here to offer their services to you to fulfill your request. This forum isn't set up like an attorney referral service. The format here is basically Q & A. One... Read more »

2 Answers | Asked in Banking and Real Estate Law for Pennsylvania on
Q: Regarding public record

Can I go to court and request my information and home title be private due to fraud since it is so easy for someone to steal a home due to public record and all information available to criminals, because there is no protection for an innocent person by the law? Thank you and think for your help.

Nellie T Schulz
Nellie T Schulz
answered on Jul 5, 2022

The deed to your house is not kept at a court, but is publicly recorded and maintained at the Office of the Recorder of Deeds for the county in which your house is located. I don’t know of any way a court could do anything to prevent beforehand anyone from preparing, selling, or recording a fake... Read more »

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: When purchasing a residential home in PA does it have to be recorded in the newspaper?
Nellie T Schulz
Nellie T Schulz
answered on Jul 3, 2022

There is no Pennsylvania state law requiring that sales or purchases of residential houses be published in a newspaper. Although I have never heard of one, I suppose there is a possibility that a county, city, borough, or township has such a requirement for residential real estate located within... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: My son is getting evicted he was served with a quit notice by the executor of the estate. He is only 24

He signed the quit notice even though it said by the 30th and the man who delivered it said it was a 30 day notice but was delivering it on the 13th. This is in Pennsylvania. Can they lock the doors on him if he isn't out by the 30th

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

A Notice to Quit provides the tenant a certain amount of time to either (a) cure the default within the time period and remain at the leased premises or (b) not cure the default and vacate the leased premises. If the tenant stays at the property beyond the time period and does not cure the default,... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: On the deed never on the mortgage Per conversation when the mortgage was signed in 2002 with the attorney Russo Russo …

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 »

David Kennedy Bifulco
David Kennedy Bifulco PRO label
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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Q: In PA, if my sister and I live with my father and he passes away, can we keep living in the house?

Both my sister and I are over 18 oh, and my father passed away. We both have been living in the house helping take care of him. He told us that both my sister and I would be getting 50% of the house. We have not been able to locate a Will anywhere, and I know we are supposed to pay inheritance tax... Read more »

Michael Cherewka
Michael Cherewka
answered on May 24, 2022

There are too many unanswered questions right now to give you a specific answer in this type of forum, but you are fortunate that there are no mortgages or liens on the house. You should meet with an experienced estates attorney to assist you in opening an estate administration (since there is no... Read more »

3 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Can a financial power of attorney remove assets from an estate without compensation?

My parents helped my sibling(1) buy a house and also provided money to make improvements - new roof, bathroom(s) remodeled, etc. Now both my parents are incapacitated. My other sibling(2) has power of attorney over both of them, and used the power to re-title the property in sibling(1) name only,... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 27, 2022

In PA, the designated "attorney-in-fact" must always act to promote the best interests, especially financial, of the grantor(s) under the Power of Attorney.

Upon the scant facts you provide, there seems to be no financial benefit to your parents by forfeiting their long-held...
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2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Grantor needs to transfer her home into her living trust in PA. Should she use a quit-claim or a special-warranty deed?

She still has a mortgage.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 28, 2022

Either form of deed will serve the purpose.

Warranties, in a deed or any other document, assure the person to whom the warranty is given, and if breached, that person may be entitled to the grantor for the breach.

Inasmuch as the grantor's own living trust will be the grantee,...
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1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: If a house is willed to someone but there is a lien on the home who is responsible for the lien?

The lien is from a home equity loan where the primary applicant is not on the deed of the property but the co-signer is. In this scenario, the co signer passed away and in their will they gave the house to someone unassociated with the loan/lien.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 18, 2022

A Devise of real property subject to a Lien to a Devisee conveys the property to the Devisee with the Lien against the land, but does not render the Devisee personally obligated for the Debt which created the Lien. The Lienor may go against the land but not the new owner. However the Lienor... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: In PA, should a Buyers Agent know local ordinances?

Per local ordinance, Seller is required to perform a septic test and pump prior to deed transfer(property settled in PA in Jan of '22). They did not. Seller wont cooperate and agents are now invisible. Septic failed test.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 15, 2022

Real Estate Agents are only sales people who know little or nothing about real property. Hire an attorney to represent you on real property concerns.

2 Answers | Asked in Civil Litigation, Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: Pennsylvania: Can a landlord force you to sign a new lease after signing the lease renewal request three months earlier?

I signed a lease renewal request form in November that obligated me to the prior lease agreement. The lease renewal was for 24 months with "all other lease terms will remain the same." This month, my landlord sent me a new lease and stated that I must sign it with the addendums. The new... Read more »

Nellie T Schulz
Nellie T Schulz
answered on Mar 2, 2022

It may sound as though the lease renewal request document limits the changes that could be made to the actual lease renewal, however, a definitive answer can’t be given unless the existing lease, the lease renewal request, the proposed new lease, and any interim correspondence between you and the... Read more »

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