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Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My Tennant changed the lock. What is our recourse?
Nellie T Schulz
Nellie T Schulz answered on Nov 9, 2020

Ask your tenant to meet with you at the leased space and deliver two additional copies of the key (made at his expense) to the new lock. Make sure the new keys work. Show the tenant the provision of the lease which prohibits the tenant from changing the locks. The most serious reasons for not... Read more »

1 Answer | Asked in Banking and Real Estate Law for Pennsylvania on
Q: Found out a judgement was filed in 2003 against my husband house by Sherman acquition limited for Sears Roebuck company

Is there a statue of limitations all info is old can I get it off my lien

Mark Scoblionko
Mark Scoblionko answered on Oct 26, 2020

In Pennsylvania a judgment lasts forever until it is paid. However, it constitutes a lien only for five years, unless it is renewed. Thus, if this judgment was not renewed, the judgment remains, but it does not constitute a lien unless and until it were to be renewed.

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: Deceased mothers home deeded to her going for tax auction can they kick us out?

We pay the taxes but fell behind if not paid by the 30th it goes up for tax sale she is dead the deed is still in her name as we have not had the money to probate her estate

Anthony M. Avery
Anthony M. Avery answered on Oct 23, 2020

The Decedent's heirs at law own the property. After the tax sale, possession can be taken from you. The heirs will probably have a small time period to redeem from the tax sale purchaser. Hire a competent PA attorney to advise you who the heirs are, how to put together enough money... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: Went to court in July for my house judge ordered a pay and stay we have done that every month

The property manager is trying to throw us out in 10 days by q constable when we called the judges office we were told we could appeal it is that right or no

Kent Petry
Kent Petry answered on Oct 22, 2020

Check your court paperwork, and if the judge's office told you that you were able to, you should certainly take advantage of that option. Without more information, it is difficult to speak to your specific situation, but at least in general there is a CDC issued stay on evictions for... Read more »

2 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: I want to buy a piece of property that has back taxes owed on it. who is responsible to pay those taxes. Thank you.
Elizabeth Tarasi
Elizabeth Tarasi answered on Oct 22, 2020

The owner of the property. The taxes will be paid at the closing.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: How do I put a house I've lived in my whole life in my name since my mother's death? Must I open an estate in her name?

I'm in Pennsylvania. My mother has a will saying I get everything she has and I'm also entitled to a 5th of a property being sold that she was part owner in. Must I open an estate in her name to get the 5th of the profit for the second property (the one being sold)? Or should the estate... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Oct 22, 2020

You need to open an estate and probate the will.

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Deposit on a House

Hello, I am selling my house. I entered into a contract with a buyer, that was given seven days to make a decision

( in writing ) about moving forward with the deal. On day eight the sellers agent notified my agent they were backing out of the deal. None of this was in writing. This... Read more »

Nellie T Schulz
Nellie T Schulz answered on Oct 20, 2020

Your question can't be adequately answered in s Q&A forum such as this, where no documents or correspondence can be reviewed. I think you should hire an attorney who practices in the county where the property is located and is experienced in litigation and real property law. If you... Read more »

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1 Answer | Asked in Real Estate Law and Estate Planning for Pennsylvania on
Q: my aunt sold her property in joint tenancy with another aunt in 7/2010; she executed a will 10/2010; who has rights?
Michael Cherewka
Michael Cherewka answered on Oct 2, 2020

you will have to look at the Deed. "Joint tenancy" can be either Joint tenants with the right of survivorship (in which case the survivor of the two joint tenants owns 100% of the property) or tenants in common (in which case your aunt can state in her Will who inherits her 1/2 of the property)

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Municipal Law for Pennsylvania on
Q: How does one find contingency lawyer?. I'm pro se in Federal civil rights case. Judge/neutral evaluator agree strong

I'm the plaintiff in a current case against a municipality, the judge and the nuetral evaluator have suggested that I find a contingency lawyer as I have a strong case. We are currently in the process of filing depositions. Held in the Western District state of PA

Tim Akpinar
Tim Akpinar answered on Aug 25, 2020

A Pennsylvania attorney could best guide you, but your question remains open for four weeks. You could use the Find-a-Lawyer tab above to find someone, or you could search online independently. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation and Real Estate Law for Pennsylvania on
Q: My elderly parents are in a volatile situation. They entered into an occupancy agreement that involves a substantial

amount of money to be paid back to them. We plan on moving them out within a few days to a better place. There is an occupancy agreement involved. The agreement states that they need to notify the owner of their plans on moving. And owner will have to pay them back within a year from the notice... Read more »

Mark Scoblionko
Mark Scoblionko answered on Aug 22, 2020

You should consult with a lawyer, who would undoubtedly want to review the occupancy agreement.

2 Answers | Asked in Bankruptcy and Real Estate Law for Pennsylvania on
Q: If I file for bankruptcy and own a property in a HOA, what happens when I have a balance with them?
Timothy Denison
Timothy Denison answered on Aug 11, 2020

It is probably a lien against the property and will still have to be paid.

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Pennsylvania on
Q: Hello, I am trying to get out of my lease.

I live in a studio apt that is noisy at late hours and constantly has an overabundance of pungent weed smells going around. I am having health issues and this is not helping. I get dizzy and lightheaded from the smells and it states in the lease that there is no smoking allowed. I have complained... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 10, 2020

A Pennsylvania attorney could advise best, but your question remains open for two weeks. You could try reposting in the Landlord-Tenant Law section. There's no guarantee that all questions are picked up, but under Landlord-Tenant questions, your post would have better chances. Good luck... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Hello, I have a real estate question. I would like to have my mother's name removed from the deed for our home. She has

been deceased for eighteen years. Both of our names are on the deed. How can I proceed with this? Do I need a lawyer?

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2020

She cannot deed you the home now. About the only thing you can do is file an Affidavit which tells of her deed ownership and death. You did not state what the granting clause says, as you may be a tenant in common, the surviving tenant, etc. Hire an attorney to determine the present title.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My mother passed away going on two years ago and she left the house to six of us siblings my sister and I Are executive

if one can’t do it The other one step in ,but she has not in rolled our name in city hall ,she was to write our name as owner of the house,should I step in .she move in and didn’t let no one know and change all the lock what should I do.please help me

Mark Scoblionko
Mark Scoblionko answered on Aug 6, 2020

If you and your sister are the Executors, that means that your mom had a Will and that the Will was probated (that means, filed with the Register of Wills). If so, that means that an estate has been opened. Did you not have a lawyer to do that? You certainly should have had a lawyer. Clearly,... Read more »

1 Answer | Asked in Divorce, Estate Planning, Real Estate Law and Banking for Pennsylvania on
Q: My husband and I are in the divorce process. I just found out he refinanced the house w/o my knowledge. Is this legal?

My husband (soon ex) and I built a house together 3 years ago. Due to criminal charges and domestic he was evicted from the home and I live here with our children. We are both on the deed as well as his father (who helped us) but I am not on the home loan, just my husband and his father. I just got... Read more »

Vincent Gallo
Vincent Gallo answered on Aug 1, 2020

If he signed mortgage documents without you joining in, you are unaffected by the new mortgage documents.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My mother passed away this year and I continue to pay the mortgage but I'm not stated on it. Due I need to file probate

We refinanced in 2004 but when the mortgage was recorded my mother was listed as mortgagor but my name wasn't stated. Do I need to file probate in order to update the deed to the property?

Elizabeth Tarasi
Elizabeth Tarasi answered on Aug 1, 2020

Yes. You might have to refinance to mortgage.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: We are buying a farm and buyers and sellers all have signed the agreement of sale, do we still need it witnessed
Anthony M. Avery
Anthony M. Avery answered on Jul 28, 2020

That agreement is only a executory contract which has not been executed. Land is usually transferred by Deed or Heirship. Have a competent lawyer draft a Deed for the sellers to execute. But get a title search first so you know who the owners are and can construct meaningful derivation of... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Do I have to escrow taxes and insurance when buying a home and using a mortgage company? can i just pay my own?

Home is $185,000, appraised at $200,000. I am putting 5% down on a conventional loan.

Vincent Gallo
Vincent Gallo answered on Jul 23, 2020

That would typically be up to the lender to decide.

1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: Sold my home to oldest son for what I owed on it. Verbal agreement I could live there until I died.

As soon as the sale was finalized I was forced out by verbal abuse escalating to physical abuse. Do I have any legal recourse for the rest of the price of the house?

Vincent Gallo
Vincent Gallo answered on Jul 23, 2020

Responding from a New York perspective, verbal agreements usually bear very little weight.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Driveway easement

Purchased a home in Pa came back with clean title with no easement for shared driveway the new owner of the house next door came over and told me that it is a shared driveway and I told her no that I own it now she want to file an easement to use my driveway what can I do to stop them from using it

Mark Scoblionko
Mark Scoblionko answered on Jul 16, 2020

This is a problem to be resolved through the title company you used when you bought the house. There are multiple possible answers:

1. Your title company made a mistake;

2. You made a mistake and mis-read your policy;

3. Your neighbor made a mistake;

4. The...
Read more »

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