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Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My x and I own a house and land in that remained in both of our names after a divorce 30+

My x and I own a house and land (property A) in Allegheny County that remained in both of our names

after a divorce 30+ years ago.

Recently found out my x named me as a grantee with him on a deed to settle his father's estate.

He had asked me a while back if I wanted... View More

Mark Scoblionko
Mark Scoblionko
answered on Oct 11, 2016

He could not have legally signed your name to a deed in order to convey and incorporate that land into a new deed. Since the new improper deed would have had to have been notarized, I suggest that you verify your facts because it is very unlikely that a notary falsified the oath of seeing you sign... View More

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: We bought a property and the adjacent property does not have enough room for an upgraded septic system.

We have been approached to sell part of our property to give enough room for the neighbors septic but do not want to sell because our leach field is in that area and other reasons. Can we be forced to sell the piece of our property?

Mark Scoblionko
Mark Scoblionko
answered on Oct 11, 2016

Of course not.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: How do.we change a real estate deed to sons name since parents are deceased
Mark Scoblionko
Mark Scoblionko
answered on Oct 9, 2016

If the property is in the names of both parents, it would likely have passed to the surviving parent at the time of the first parent who died. If so, an estate would have to be opened for the second parent to have died. If there was a Will, that must be probated and an Executor appointed. the... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My dad's house was put in my brother's and my name before he died. My brother called a realtor to sell it without me

Then brought me papers to sign .I noticed on one of the papers that it is listed as my father's estate with my brother as executor. I asked him why and he said it just came up like this. Should I be concerned? If the house was put in our names before our dad died is it considered part of his... View More

Mark Scoblionko
Mark Scoblionko
answered on Oct 7, 2016

If a deed was recorded, transferring ownership to you and your brother, you and your brother are the owners, and any listing agreement or agreement of sale should be with you and your brother, not the Executor, as your father no longer owned the property at the time of his death. However, if the... View More

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: In the state of PA, my friend is on the deed and not the mortgage, her mother in law held the mortgage and passed away

late last year. She is having trouble paying the mortgage and is 2 months behind. What should she do? Again, she has been paying her deceased mother in law's mortgage on a property she is on the deed for but not on the mortgage.

Peter N. Munsing
Peter N. Munsing
answered on Oct 4, 2016

The mortgage would be a debt of the estate of the mother. A lot depends on the status of her and mother in law's arrangement. Was it a loan? Talk to a local real estate attorney to get some direction.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: In the state of PA, if a tree falls- is it the responsibility of the tree owner or the owner of the land where it falls?

A tree that falls due to natural causes (storms), who owns the cleanup? Is it the ownerof the tree or the owner of the land where the tree has fallen?

Please share article or statute.

Peter N. Munsing
Peter N. Munsing
answered on Oct 3, 2016

Owner of the tree is the owner of the land where it grows.Suggest you discuss with your homeowners --if they want to pay and go after him it's less personal.Look at your local borouigh or township ordinances. If a tree is healthy, then the owner's insurance may say no duty to cut it or... View More

1 Answer | Asked in Family Law and Real Estate Law for Pennsylvania on
Q: My son bought a house and its In his name and his girlfriends name. They are separating, does he have to split with her

He purchased the house from money he received in a settlement

Peter N. Munsing
Peter N. Munsing
answered on Oct 3, 2016

If it's joint tenants, yup. He can claim a purchase money security interest but if there's little or no documentation, then may be viewed as a gift.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Can you purchase a property without a written agreement?

The owner however did agree to an amount through text messages and accepted a down payment and monthly payments. Now the owner wants to change the terms. Can our original agreement be held up even though it was only through text messages?

Peter N. Munsing
Peter N. Munsing
answered on Sep 29, 2016

Assuming you can prove payment, yes.The text plus payment and reliance would take it out of the statute of frauds, which says when agreements need to be in writing. Next time at least use hard copy etc.

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Who pays the mortgage on an estate property?

My daughter is living in a mobile home that is owned by the estate of her late grandparents. Since they are no longer living, she had to remove their names from the lot it sits on and put her name on it. She pays the lot rent. Since the home is still in the name of the estate, who should be... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2016

Estate would pay the loan. Estate can charge her rent. I'm assuming the lot is owned by a mobile home park.

The paper on the mobile home isn't a mortgage but a loan paper. It is a debt owed by the estate.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: In PA. Someone moved a mobile home onto a vacant lot owned by me. What do i need to do to get them off the property.

They own the mobile home so does limit what i can do? Such as burning the mobile home??

Mark Scoblionko
Mark Scoblionko
answered on Sep 27, 2016

You can, in order of preference (1) ask/demand that the person leave; (2) demand rent in whatever amount you select, and allow the person to stay; or (3) hire a lawyer and sue the person to compel the person to leave.

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: How long can a deceased person own a home?

My mother-in law died three years ago an her three daughters inherited the house through a will. The house is still in her name.

Peter N. Munsing
Peter N. Munsing
answered on Sep 24, 2016

Title should change with the closing of the estate. Check and see what is happening with that. Doesn't sound like a dispute over who inherits it. It's to their advantage to retitle the house.,

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1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: In the state of Pennsylvania are taxes paid on PRIVATE property.
Peter N. Munsing
Peter N. Munsing
answered on Sep 24, 2016

There are usually school taxes and local bourough, township, city taxes as the case may be. There are sales taxes on the sale of property. Some places term the trash or waste fee a tax. If you are being asked to pay something you don't understand then ask the taxing authority what it's... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: In the absences of a Homeowners/Property Association Agreement is a Buyer's Guide legally binding in Pa?
Peter N. Munsing
Peter N. Munsing
answered on Sep 24, 2016

Not sure what you are referring to--I've seen many types of buyers guide. If it is signed by you and by the other party, depending on it's wording and surrounding circumstances it could be viewed as a contract. Cant really answer the question in the abstract--you'll have to get a... View More

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Husband purchased home before we were married. I am not on the deed or mortgage. If he dies am I held responsible for it

Not sure if I can afford the monthly payments as I am disabled and live off SSD. Can I walk away from this property without them coming after me for a house that is not mine ( on paper).

Peter N. Munsing
Peter N. Munsing
answered on Sep 22, 2016

It would be part of his estate, and you would then get it. You can sell it and that would make more sense than walking away from it. You are not responsible for most of your spouses debts. But consult a consumer debt attorney if you have questions.

Hope you both live long enough to see him...
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1 Answer | Asked in Divorce and Real Estate Law for Pennsylvania on
Q: If a house is bought post marriage by a mother and son and the deed reads joint tenancy does the deed control?

Deed reads "is conveyed to Jane and John (mother and son) as joint tenants with a right of survivorship" the wife's name is not on the deed. If son dies, how is property distributed? Also in the event of divorce, same question?

Peter N. Munsing
Peter N. Munsing
answered on Sep 21, 2016

Right of survivorship means that if son dies before mom, mom would get the property. There are estate tax benefits but also minuses.if there is divorce the right of surviorship might be included as an asset.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Does the seller in a FSBO situation need an attorney?

My mom is selling her home as is and we are unsure if we should have an attorney since we aren't using a realtor

Peter N. Munsing
Peter N. Munsing
answered on Sep 21, 2016

If you aren't using a realtor you would. You need someone to review the agreement of sale so that it's clear that it's sold as is, that you gave them a right of inspection and many other things. Worth it to at least pay to have one drawn up.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: In PA can a borrower be on the mortgage but not on the deed?
Mark Scoblionko
Mark Scoblionko
answered on Sep 19, 2016

A borrower not on a deed ordinarily does not sign the mortgage. The borrower not on the deed, however, can sign a note supporting the mortgage. I assume that that is really your question.

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Pennsylvania on
Q: Is it legal for a legal guardian of a person with dementia to sell her property even if she is still alive?

The person with dementia lives in a carehome. Her son who lives in the house that she owns was not paying the property tax for 3years, the tax bureau was ready to auction the house due to unpaid taxes. When the legal guardian found out about it, she immediately called the tax bureau and paid the... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 18, 2016

Good question.Maybe son was expected to pay as "rent" on the property?

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: My wife and I would like to buy a home our names on the deed can her sister move in and not be on the deed?

Would be my wife and I on the deed and my wife's sister and her husband move in but not on the deed is this allowed

Peter N. Munsing
Peter N. Munsing
answered on Sep 18, 2016

If you and your wife buy the home, it's in your name, you can have anyone move in you wish, related or not.Whether you'd want to is a different situtation. Mark Twain once said relatives and fish are great the first day but after a week both begin to get a little pungent.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: do I have to honor a sales agreement on a piece of property I now own that was set up by the previous owner

my father was the previous owner and transferred the property to me its been recorded and registered. He had a sales agreement with my neighbors to purchase 10 acres of this property. I do not want to sell the acreage.I want to make sure I have a legal leg to stand on before I contest the agreement

Peter N. Munsing
Peter N. Munsing
answered on Sep 14, 2016

You would have to look at the agreement. If they paid your dad for it, then they would have a claoim against the estate for the money. As to the property they normally wouldn't have a claim.

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