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Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: In Pennsylvania, can a friend provide a proof of funds letter to a mortgage applicant?
T. Augustus Claus
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answered on Jul 31, 2023

In Pennsylvania, a proof of funds letter is typically provided by a financial institution, such as a bank or lender, to show that a mortgage applicant has sufficient funds to cover the down payment and closing costs for a property purchase. While a friend may be willing to help by providing... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Escrow issues

I placed a cash offer on a home. My realtor told me in 5 days to put escrow. I ask would I lose my escrow if I change my mind. She said as long as money hasn't exchange hands and it's before the 5 days then no I wouldn't. Now in the 3rd day we change our minds and now the buyers are... View More

Nellie T Schulz
Nellie T Schulz
answered on Jul 20, 2023

There is no way to answer your question without knowing (a) whether the buyer signed the agreement of sale; (b) if the buyer signed the agreement of sale, what the agreement said about the buyer’s obligation to pay a good faith deposit (a.k.a. escrow amount); and (c) whether the agreement of sale... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: How can I take over a mortgage?

My father and I were advised he could have paperwork done saying that I would take over the mortgage on the house he owns, and that the ownership of the property would be transferred to me once it is paid, as he is planning to relocate. How can we go about this?

Nellie T Schulz
Nellie T Schulz
answered on Jul 20, 2023

It is possible (though unlikely) for the mortgagee and the holder of the mortgage note to sell these documents to you. Assuming the mortgage and promissory note were obtained through a commercial lender, they were probably sold into the secondary mortgage market and are serviced by (and perhaps... View More

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Pennsylvania on
Q: Which PA laws mirrow these laws in Georgia OCGA § 44-14-162.2 (a) , OCGA 16-8-102 (5) , OCGA 16-8-105 (a) & (b)

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).

Peter J. Weinman
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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...
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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can an attorney help me get a mortgage lien removed from my home that was paid off 25 years ago but never satisfied
Peter J. Weinman
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answered on May 11, 2023

Attorney Avery is correct, but before I went that route, I would start by trying to locate a "duplicate" satisfaction of mortgage from the lender or its successor. If they are still in business, call them and ask for a duplicate satisfaction. If you cannot locate the lender or determine... View More

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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can an attorney help me get a mortgage lien removed from my home that was paid off 25 years ago but never satisfied
Anthony M. Avery
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answered on May 10, 2023

Hire a PA attorney to file a Quiet Title action. You must prove that the Note was paid in full. It can be difficult to serve old lender/noteholders, so publication notice may be necessary. When you win, you must draft a precise proposed Judgment, which you will record a certified copy... View More

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1 Answer | Asked in Real Estate Law and Civil Litigation for Pennsylvania on
Q: If I prove a surveyor committed perjury on his Affidavit used in a property dispute will the ruling be overturned

I am filing complaints with the WV Board of Professional Surveyors and the Registration of Engineers. A local surveyor lied and committed perjury on his Affidavit entered as evidence in my property dispute where I was the defendant.

I have Solid proof. This surveyor had to determine what... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

Be aware that a mistake is not perjury.

You may or may not be able to reverse the judgment depending upon whether you had the affidavit before the judgment was rendered and whether you had access to the information showing the error.

The general rule for a motion for new trial based...
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1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Pennsylvania on
Q: Where can I obtain a petition document for partition action in court of chancery in Sussex county delaware.A

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

David Kennedy Bifulco
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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

1 Answer | Asked in Real Estate Law, Construction Law, Environmental and Municipal Law for Pennsylvania on
Q: I believe my neighbor may be digging and doing construction work without the proper permits. What options do I have?
James L. Arrasmith
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answered on Mar 2, 2023

If you suspect that your neighbor is doing construction work without the proper permits, there are a few options you can consider:

Contact your local building department: You can contact your local building department to report any suspicious construction activity. They can investigate...
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1 Answer | Asked in Real Estate Law and Contracts for Pennsylvania on
Q: I listed my house "as is". Got offer for full price. Buyer is going with a conventional mortgage. The house didn't pass

appraisal. The buyer wants to do the repairs so it passes, but wants me to reimburse him at closing. Doesn't that void the "as is" contract he signed?

Nellie T Schulz
Nellie T Schulz
answered on Feb 25, 2023

Without knowing what the agreement of sale says, it’s difficult to answer any question about it. In any event, if the buyer’s financing fell through, the agreement probably allows you to terminate the agreement. I doubt the agreement would allow the buyer to even enter onto the property without... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: There is an alley-way directly behind my property. On the left and right side there are houses.

We are all allowed to use the alley-way for the purpose of walking through it. I need to attach a downspout to this area of my building in order to direct a portion of the rain water here. My question is, does the fact that we are all able to use the space for walking through also allow for this?... View More

Nellie T Schulz
Nellie T Schulz
answered on Feb 21, 2023

It’s hard to say without knowing whether there is a written easement agreement or other writing (perhaps in the deed) creating the right of way and whether it restricts the easement for its intended use. If the new downspout would further restrict the use of the easement for its intended use, I... View More

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can an agent represent both the buyer and seller, and review other offers for the property? Without informing anyone?

Put in an offer, found out they went with another offer. Later found out that the agent selling the house also represented the winning offer. From what I can tell, that agent is required to disclose this, and they are not permitted to review other offers on the house.

Nellie T Schulz
Nellie T Schulz
answered on Feb 13, 2023

The agent representing the seller is called the “listing” agent and the listing agent is the person who enters into a contract with the seller. Under PA law, a listing agent is permitted to represent both the seller and the buyer. The listing agent is required to disclose to the seller in the... View More

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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can an agent represent both the buyer and seller, and review other offers for the property? Without informing anyone?

Put in an offer, found out they went with another offer. Later found out that the agent selling the house also represented the winning offer. From what I can tell, that agent is required to disclose this, and they are not permitted to review other offers on the house.

Nellie T Schulz
Nellie T Schulz
answered on Feb 13, 2023

The agent representing the seller is called the “listing” agent and the listing agent is the person who enters into a contract either the seller. Under PA law, a listing agent is permitted to represent both the seller and the buyer. The listing agent is required to disclose to the seller in the... View More

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2 Answers | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for Pennsylvania on
Q: How long a Bank can collect on a judgment in PA? Judgment was on my credit report for 7 years but not sure when Status

Is there any status of limitation on this judgments? This was for an unsecured business loan from one of the major banks .

Daniel Edward Mueller
Daniel Edward Mueller
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

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2 Answers | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for Pennsylvania on
Q: How long a Bank can collect on a judgment in PA? Judgment was on my credit report for 7 years but not sure when Status

Is there any status of limitation on this judgments? This was for an unsecured business loan from one of the major banks .

David Kennedy Bifulco
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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

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1 Answer | Asked in Real Estate Law and Family Law for Pennsylvania on
Q: we bought a house together in PA, we've split, I have full custody of our child, She hasnt paid

the mortgage (I have been so credit doesnt tank) my family court atty says send her an eviction letter so I can sell the hosue, but everything I see is for tenants. Is there a special letter I should send?

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

You need to ask your family court attorney for a better explanation.

Ordinarily, if two people are both named on the deed for a house, each person has the equal right to occupy the house, and neither owner can evict the other.

In a divorce, the family court can award either spouse...
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2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania on
Q: My parents have been married 40 years. They want to transfer property from only my dad's name to both. What do they do?

He has real estate as well as our house in his name only, and my mom wants her name put on the property as well. How can they go about switching ownership legally from just him to both of them, so that her name can also be on the deed?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 30, 2023

Easy to transfer title ownership.

Your father can sign a deed from himself to both his wife and him, and probably as joint tenants, with right of survivorship so that when one dies, the other owns the entire property automatically. He then records the deed. There will be a fee for that by...
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2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania on
Q: My parents have been married 40 years. They want to transfer property from only my dad's name to both. What do they do?

He has real estate as well as our house in his name only, and my mom wants her name put on the property as well. How can they go about switching ownership legally from just him to both of them, so that her name can also be on the deed?

Michael Cherewka
Michael Cherewka
answered on Jan 30, 2023

Transferring property from a husband to husband and wife jointly (tenant by entireties in Pennsylvania) is easy so long as there is not an outstanding Mortgage loan. Just need a new Deed from your father (Grantor) to your father and mother as husband and wife (Grantees). Since the transfer is... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: My brothers and I are owners of our family home with my oldest brother having 5/8 and the others 1/8.

My oldest brother is having serious health problems that could possibly be fatal. He has incurred some medical debt due to having no health insurance. If he signs over his 5/8 share of the property to the rest of us, can we avoid paying his medical bills with the estate if he should pass away?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 11, 2023

PA has a "fraudulent transfer" statute, to defeat the give-away of assets by a debtor or soon-to-be debtor intending to make himself "judgment proof". The reach-back period to recapture transfers of property for insufficient consideration is four years.

You don't...
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1 Answer | Asked in Bankruptcy and Real Estate Law for Pennsylvania on
Q: I filed chapter 7 four years ago and included my mortgage. I continue to pay. Can a new lien be placed on my house?

Technically, I could walk from this mortgage as I am legally free from paying it but I plan to finish it. Can another creditor I'm having trouble with and was not included in the original chapter 7 bankruptcy place a lien against me on this home I have no legal obligation to pay? If yes, what... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 5, 2023

Justice Clarence Thomas, in the Dewsnup opinion, wrote for the majority that in a Chapter 7 case, a validly perfected mortgage lien against property cannot be "stripped down", i.e., is not affected by the bankruptcy filing (the opinion strangely held that section 106 of the bankruptcy... View More

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