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Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for Pennsylvania on
Q: My ex wants to give me the house. Transfer deed only adds me . Can we use a quit claim deed ?

The current deed is only under his name . I understand it doesn’t change who’s responsible for the mortgage , he just wants his name off .

John M. Kenney
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John M. Kenney
answered on Jun 22, 2024

Absolutely. A quitclaim deed offers no warranties of title somewhat like you get what I have. Since the home is subject to the existing mortgage a quit claim is totally appropriate. .

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I sent a deposit to purchase land and now they can’t sell at the moment but won’t return the money

One owner died and his wife has dementia so her children are getting a guardianship to sign for her but have no date it will finalize

Anthony M. Avery
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answered on Dec 5, 2023

You will need a PA attorney to sue for the deposit. Hopefully your contract has terms related to the earnest money.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: We live in Benton Pa in a mobile home park for 18 yrs.we have been feeding stray/feral cats on our porch for 8 yrs.

The park was sold new owners were ok with feeding now have said we are in violation of park rules.rules state can feed on porch.is there anything they can do to us

T. Augustus Claus
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answered on Oct 25, 2023

Whether or not your mobile home park can prohibit you from feeding stray/feral cats on your porch depends on a number of factors, including the specific language of the park's rules and regulations, the laws of Pennsylvania, and the local ordinances in your area. In general, mobile home parks... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Can a parent leave a house to their adult children if there's outstanding debt?

My father doesn't think he can leave my sister and I the house because he says the bank still owns it technically. He doesn't know where the deed is, but the courthouse should have it. I don't know what to do. He's in a rehab facility currently, he's 82. He says he said the... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 18, 2023

Yes, of course, assuming the property is located in PA. The owner of the property (him) owns the property, and the bank with a mortgage against the property has a mortgage lien against the property. So long as payments are made in accordance with the mortgage Note, the bank had no right to... View More

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1 Answer | Asked in Contracts, Real Estate Law, Elder Law and Identity Theft for Pennsylvania on
Q: My father lost his fortune to a network of scam artists. I am looking to obtain power of attorney and recoup his losses.

elderly gaslighting, manipulation. social security fraud, real estate/financial malfeasance

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2023

A Pennsylvania attorney could advise best, but your question remains open for a week. You could consult with a local attorney about signing a power of attorney, or you could check with some of the online services that offer basic legal forms, which can include power of attorney forms. Good luck

1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: Regarding second mortgage?

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.

Nellie T Schulz
Nellie T Schulz
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

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: When someone was removed from deed years ago, does their next of kin have any rights to the house?

My moms ex BF was removed from the deed, he willingly signed off. 2 years ago she added me to the deed with her. Now the ex BF is in Hospice and his daughter is inquiring about the house. Does she have any legal right to it since he willingly signed off of the home?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 1, 2023

When an Estate is created under PA law, either by probating a will, or a guardianship, etc., the new personal representative can 'reach back' for up to four years to recover transfers of assets that did not return "fair market value" the one whose property makes up the Estate.... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: The property they sold me does not have all the land that it is supposed to be, there is a piece that is not in deeds

What do I do if my property does not say all the land that can be seen, can I fight that piece that does not appear in the deeds but that the owners are supposed to have sold me?

Anthony M. Avery
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answered on Aug 28, 2023

You will need to hire a PA lawyer to sue for breach of contract and to reform the deed. If the missing acreage is owned or possessed by someone besides your seller, then they must be joined as defendants. A survey may be necessary.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Can my friend sell me his paid off house in payments until it’s paid off without using a mortgage?

Something happened where he had to move out of the country. His house is paid off and he is willing to sell it to us in monthly payments

Anthony M. Avery
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answered on Aug 28, 2023

A mortgage protects the seller and is against you. If you get by with a note and he gives you a deed, it is to your advantage. But he will want a note secured by a mortgage, along with the deed, so he can foreclose.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: What does this mean exactly in a deed in PA?

Excepting and reserving to "John Smith", during the term of his life, a parcel of land 240 square fee, located on the westerly side of FR Rd; (goes on to provide the boundaries)

Is this a life estate?

What rights does a new owner have on that parcel, if any?

Does... View More

Anthony M. Avery
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answered on Aug 24, 2023

That is apparently a Life Estate, but you did not state who gets the Remainder or even a Reverter. Life Tenant can sell an estate for his life. New owner only gets possession at death of Life Tenant, but could buy out the Life Tenant's interest. Unless some other estate is created in... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: What kind of lawyer do I need as an heir?

My brother is Power of Attorney and has moved his family into the property He was supposed to sell the inheritanted house doesn't have the money to pay He is taking loans out on property

T. Augustus Claus
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answered on Aug 16, 2023

As an heir facing these complex legal issues, it would be advisable to consult with a real estate attorney. A real estate attorney specializes in property matters and can help protect your interests as an heir. They can provide guidance on the actions of the Power of Attorney, ensure that your... View More

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2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Pennsylvania on
Q: Do my half siblings (we share a deceased father) have any right to my mother's estate?

I am the only full-blooded child of my deceased mother and my mother never adopted my half siblings. Neither of my parents had a will and they bought our house together. My siblings now think they have a share of my mother's estate.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 6, 2023

If the parents owned the property as joint tenants with right of survivorship, or as tenants by the entireties, the mother acceded to full ownership of the real property upon the father's death.

If the real estate was owned as tenants in common, and there was no father's Will, the...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: What do I do if the defendant is avoiding being served by the Sheriff in an ejectment complaint?

I am trying to eject the previous owner of a property I obtained at sheriff sale. The sheriff tried to serve the Ejectment complaint to them and they avoided the Sheriff, so the service was unsucessful after 3 tries. They say I need to petition the court for a court order to serve via alternate... View More

Anthony M. Avery
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answered on Aug 2, 2023

You ask the Court for an Order of service by publication in a local newspaper.

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 Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Want to block our driveway from neighbors using it cause we found out there is no right of way or easement.

How can we do this legally or can we just barricade it

Mark Scoblionko
Mark Scoblionko
answered on Jul 26, 2023

This is a complicated question, which needs to be reviewed with a lawyer. There are many missing facts.

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
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 Foreclosure, Real Estate Law and Tax Law for Pennsylvania on
Q: What legal options do I have if my house was sold at an upset sale when I still live in it

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

James L. Arrasmith
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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

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