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Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: In Phila, Can a homeowner whose home is being auctioned due to a tax lien, legally sell their home During this process

This is specifically for the Philadelphia sheriff sales, tax liens as opposed to mortgage foreclosures. Can the homeowner sell the property before it goes to the auction.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 8, 2020

Your legal obligation is the standard real estate sales contract is to deliver clear title (free of liens, encumbrances, and title defects) at the closing/settlement of the sale. The taxes will be paid by the escrow agent at time of settlement, so that the property is delivered to buyer free of... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: We are in contract to purchase a house and just found out it’s a short sale We are about a month into the process,

All inspections and negotiations completed Just found out yesterday it’s actually a short sale And they want us to signs short sale addendum Is this something that had to be disclosed at time of offer? Is there anything we can do at this point? We have spent over 2000$ in addition to our... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Feb 6, 2020

This is not unusual. No it does not have to be disclosed at the time of offer.

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: My friend has been living with her boyfriend for 10 years. She wants to have him leave. His name is not on the mortgage

but his name is on the deed. what should she do so she does not lose her house

Nellie T Schulz
Nellie T Schulz answered on Feb 2, 2020

If the two persons are not married and they are the only ones named as “Grantees” on the deed, then either may attempt to negotiate to buy out the other’s interest in the house, but if they cannot agree on a price or how to divide the proceeds, they may go to court to have the court... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: Northwestern, P.A. I want to confirm My understanding of the law n looking for 2 case laws to look up.

In P.A. The landlords need to wait for the time frame they gave in the “notice to Evict”, before going to the court to File a “Writ of Possession. My understand is Yes. If my hunch is right, can you be so kind as to let me know to case laws to look up, please. Thank you

Elizabeth Tarasi
Elizabeth Tarasi answered on Feb 1, 2020

In Pennsylvania, a law called the Landlord/Tenant Act tells landlords what they must do to evict a tenant. The landlord has to follow this law no matter the reason for the eviction. (This law may not apply if you are staying in a rooming or boarding home, or are a guest in a hotel/motel.)

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Pennsylvania on
Q: My fathers house is in his will, he has had a stroke and may have to sell his house. What does that mean for the will?
Mark Scoblionko
Mark Scoblionko answered on Jan 29, 2020

A lawyer would have to review the Will. Generally, if the bequest is specifically limited to the house, since the house would no longer be part of the estate, the bequest becomes meaningless. If, however, the bequest is meant to include the proceeds of sale (which would be unusual), the recipient... Read more »

2 Answers | Asked in Real Estate Law and Probate for Pennsylvania on
Q: Can a child reside in a deceased parent's home, leaving the deceased parents name on the deed and continue to pay school

taxes and property taxes in deceased parent's name?When child gets short certificate, fo they have to report real estate if it's value is $6000?

Can a child continue to live there?

Vincent Gallo
Vincent Gallo answered on Jan 28, 2020

Doing this alone will not denote ownership of the real estate.

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1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: We recently purchased a new home. We asked our neighbors about installing a fence on the property line and ....

They all gave us the go ahead. We checked the Lebanon County, PA rules and there were none. We had a company come out and start to install our fence (vinyl 6ft high) to be served with a cease and desist from developers who sold the land to the builder. The builder didn’t disclose the deed... Read more »

Mark Scoblionko
Mark Scoblionko answered on Jan 18, 2020

This, among other reasons, is why people should have lawyers when they buy houses. A competent lawyer would have asked the title company for copies of the restrictions, and you would have then known what they were. However, you may have a legitimate beef with your title company for not providing... Read more »

3 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: My deceased husband inherited property in Green County, PA. I think I am the heir. Would I be liable for any debts?

I do not how to proceed. The property is 300+ acres.

Elizabeth Tarasi
Elizabeth Tarasi answered on Jan 17, 2020

You could be. I need to know more about the matter. Please feel free to call me 412-391-7135 or email me emt@tarasilaw.com

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I'm selling a property and the buyer agreed to make the closing on or before February 2nd. But she wants to delay it.

[deleted]

Cary B. Hall
Cary B. Hall answered on Jan 13, 2020

I'll be frank with you: if you want an experienced attorney to review a contract for you, you're going to have to pay for his/her time to do so. Probably a few hundred dollars when all is said and done -- and well worth it to have competent legal advice. I'd be surprised if any attorney here... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Pennsylvania on
Q: When you get a mortgage in PA, is the mortgage company always listed on the deed
Elizabeth Tarasi
Elizabeth Tarasi answered on Jan 6, 2020

No. The mortgage is recorded and is indexed on the property and the person who took the mortgage on the property.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: I will be renting my father in law house, he will be leaving the house in Jan 17 and we then will start the lease.

Do we have to pay the whole month for January? He wants us to pay 2,000 by January 17 for Security deposit and rent, also the house has a basement and my brother in law rents it and will be paying my father in law but will be using water and electricity which will be in our bill. Please help me... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 2, 2020

Sounds like your problem is that you don't have a written lease - and that's why you have unanswered questions. A written lease will explicitly set out the lease term (when it starts, and ends, and for how long). A written lease will also determine on what date your rent is due, and what security... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My name is the one on the mortgage but I had put my now ex-fiance on the deed. Now we're seperated but he won't leave

I have decided to end our engagement because he has been verbally, mentally and emotionally abusive towards me and my children. He is telling me that I either have to give him money, or that we have to sell the house and split the profits, but we've only owned it for a year and 4 months and there... Read more »

Mark Scoblionko
Mark Scoblionko answered on Dec 31, 2019

You need to consult a lawyer.

2 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: My grandfather and I have jointly owned a property in PA for the last 2 year he just passed away will I owe taxes..

My grandfather and I have jointly owned a property in PA for the last 2 years. He passed away this year and the

property transferred solely in my name. Is there any kind of tax I will have to pay when I sell it. The land was purchased for 18k and we rebuilt the property form the ground up.... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Dec 27, 2019

You might be subject to a capital gains tax. I would consult with an accountant.

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for Pennsylvania on
Q: So my wife is filing for divorce.

When we got our house the only way for her to get an fha loan was for me to sign a release of marital claims. So I am not on the mortgage or deed. I was told that she still could not kick me out or sell the home because it's an established family home regardless of all that. And i have been 800... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 26, 2019

Yes, you need to consult with an attorney. If you're not on the deed, she could attempt to sell the house but she files for divorce you have the ability to ask the court to restrict her from doing so. There are many other aspects to your situation that are best answered in a face to face... Read more »

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: mother left property to children. Older sibling ran younger siblings off, wants to now give to her children.

30 years ago my mother passed away leaving her property to all of her children. The property is still in my mothers name. Older sibling moved her family in and would not sign anything to place the home in all siblings name. Due to friction, other siblings moved out and older sibling stated she... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Dec 24, 2019

If the deed is still in your mothers name, she will have to go through the courts to transfer title to anyone else. You may also file an action to have the title be placed in the proper intestate heirs names.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: I am a renter. I have had no heat for 6 DAYS. Do I have the right to a rent reduction?

I pay the electric. I provided the space heaters. the heater is more than 20 years old.

Elizabeth Tarasi
Elizabeth Tarasi answered on Dec 20, 2019

Read you lease. Let your landlord know that you have no heat. Ask you landlord to provide accommodations with heat at his cost.

2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: If someone dies without a will and owned a house with two of her children will grandchild by a 3d deceased child inherit

House is in Pa. No will can be found. House Owned jointly by deceased and two surviving children. Third child died many years ago, never on the deed. Do the deceased daughter's children inherit anything?

Mark Scoblionko
Mark Scoblionko answered on Dec 12, 2019

No.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: I am a performer, and I am able to set up a space in my home and sell tickets for shows that I write and perform?

I have a room in my house that I would like to turn into a parlor for small performances of 10 to 20 people to do an hour long mentalism show. We would like to do the show, offer canned sodas, sealed snacks, and popcorn to the guests. It would be in the form of a small house party and would take... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Dec 4, 2019

You need to check your local zoning code.

2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: my husband parents are deceased since 2006 how can we get the deed changed in my husband name no mortgage on home?

any resources to find an affordable estate lawyer in Pittsburgh, PA

Elizabeth Tarasi
Elizabeth Tarasi answered on Dec 1, 2019

You will need to hire an attorney. I’m in the Pittsburgh area and am happy to help you. Beth Tarasi emt@tarasilaw.com 412-391-7135

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2 Answers | Asked in Foreclosure, Real Estate Law, Civil Litigation and Landlord - Tenant for Pennsylvania on
Q: Do I have to give defendants in a civil action a 20 day notice of a subpoena to produce documents?

I am the plaintiff in a ejectment action. I served , by certified mail, a subpoena to my tenants ( Defendants ) to produce documents. Their Attorney filed a motion to quash subpoena because I didn’t give them 20 day notice.

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Mark Scoblionko
Mark Scoblionko answered on Nov 28, 2019

A subpoena would ordinarily be used to require a non-party to appear for a deposition or produce documents. It is not used to request another party to appear or produce documents. Your lawyer can serve the defendants with a Request for Production or a Notice of Deposition, as the case may be.... Read more »

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