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 
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
i am trying to figure out what to do with the LLC. i need to changed the LLC's address as it was my sold home in NJ. do i need to file as a foreign PA LLC, create a new LLC in PA? do i need to close the NJ LLC? i am trying understand the best way to 'move' my LLC to PA. what... View More
answered on Dec 27, 2022
Do not have all the facts here, but it looks like you have several options. The easiest would be to get a Registered Office or Registered Agent in NJ for your LLC. The property is located in NJ, and you have a NJ LLC so that lines up fine. Just because you (as the Member or Owner) moved to PA... View More
Father passed away in 2017. I was named the sole executor and beneficiary in his will. The will explicitly outlined this property as belonging to him and being left to me in the case of his death. Suddenly a silent business partner that walked away four years ago exerts that he is half owner of the... View More
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answered on Dec 2, 2022
Dear Executor, without more details it is difficult to give you an answer as to what recourse you may have. That aside you are the Executor which means that you step into your Father's shoes regarding the disposition of his assets. The attorney that represented the Estate should have... View More
my grandparents had a loan on the house before they passed. left the house to my aunt, no one wants the house. the original loan was with a bank that was taken over by another bank. the loan was 10,000. a third party took the loan pennies on a dollar and 2020 and now want 26,900, my aunt... View More
answered on Oct 31, 2022
There is a PA statute providing a 20-year statute of limitations on actions upon real property mortgages. If the mortgage holder has failed to take action within twenty years from the date of first default, it will be barred from initiating suit. Until then, however, the mortgage holder is free... View More
I am selling commercial property with both our names on deeds. We were in the process of doing this together before his passing but never started any listing etc. I just want to sell as is, no contingency, cash only. Must I probate the will or can I just proceed as we were planning?
answered on Oct 25, 2022
You will need to review the actual language of the Deed to determine how the property is titled. If the Deed lists your name and your husband's name as "husband and wife" or as "tenants by entireties" or as "joint tenants with right of survivorship" then the... View More
I am selling commercial property with both our names on deeds. We were in the process of doing this together before his passing but never started any listing etc. I just want to sell as is, no contingency, cash only. Must I probate the will or can I just proceed as we were planning?
answered on Oct 25, 2022
If both you and your husband's name are on the deeds for these properties, then your ownership probably was "tenancy by the entireties" - a form of ownership for married couples under which when one spouse dies, the suriving spouse becomes the sole owner by survivorship. The... View More
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
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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.
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
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answered on Aug 2, 2023
You ask the Court for an Order of service by publication in a local newspaper.
How can we do this legally or can we just barricade it
answered on Jul 26, 2023
This is a complicated question, which needs to be reviewed with a lawyer. There are many missing facts.
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
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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
I have tried to look on the GIS Map and tax maps but it comes up as "no additional information"
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answered on May 2, 2023
The starting point is to search the titles of you and the adjoining tracts for the last 100-150 years. Easements can be created expressly, by implication, subdivision dedication, prescription, necessity, and probably a few other ways. HIre a PA attorney.
The mortgage payments have been getting paid I just want to get away from the person and rid of house ..
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answered on Feb 27, 2023
Short answer is that a mortgage must be satisfied before you sell the house or satisfied at closing. If the mortgage is not satisfied the purchaser will be buying the house subject to the recorded mortgage lien. Please feel free to call my office if you have additional questions.
there are three names on the deed to the house. My name and my two brothers. my one brother doesn't care about the house and the other one is trying to force me to buy him out, force a sale on it, or my daughter that lives there to pay rent that wasn't agreed upon
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answered on Feb 1, 2023
Hire an attorney to search the title, determine ownership and liens, and if prudent, file an action for Partition.
Which my father is listed on would his kin still have any rights to the property left behind
answered on Jan 25, 2023
It depends on the language of your grandmother’s will. If she left a bequest to him “per stirpes”, his share would pass to his children since he died before your grandmother.
) live in the home also?
answered on Jan 16, 2023
Sure, so long as you both agree and you annd your boyfriend are the sole owners of the property.
They have very little money and the home owners insurance won't help them. The previous owner denies it was a meth lab despite heavy evidence to the contrary. However they have no money to sue in court. The house is under a mortgage. Its also unsafe to live in. They need to leave the home if... View More
answered on Nov 1, 2022
Did your friend order an inspection as part of the purchase process? Did the lender require an inspection or appraisal before approving the loan?
My father is selling his land he was never married to the woman who passed but her children are saying they should get some of the money from the sell
answered on Oct 16, 2022
I assume that the woman who died was not named as a grantee on the existing deed to the father and that the father was the sole owner of the real property. I can see no scenario under which a close friend and occupant of real property can gain any ownership rights to that property, absent a written... View More
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
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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... View More
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... View More
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... View More
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... View More
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... View More
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