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Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: hello,my question is,I rented a home for the past year and 1/2,living on a month to month lease,my landlord refuses to

repair the ac and dish washer which has mold growing in it(dishwasher)what legal recourse can i take?

Thank you.

Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2016

Unless you have a written lease, wash dishes by hand. If you had a written lease that governs any continued rental after that.

Or give a month's notice.

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Pennsylvania on
Q: If Pennsylvania court orders arbitration of case involving title to real property, should I seek Writ of Prohibition?

In a Pennsylvania case seeking monetary damages wherein the Complaint's allegations involve title to real property, the Judge has ordered the case to compulsory arbitration despite the statute's bar against sending cases to compulsory arbitration that involve title to real property.... View More

Mark Scoblionko
Mark Scoblionko
answered on Aug 16, 2016

You need to have the matter evaluated by a lawyer, who could them advise you what to file and where to file it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: If I am not on lease, can I leave at any time in Pennsylvania?

I have lived at the property for nearly two years but after the first year the landlord never sent me a second lease, so I've been living off lease. There has been a rat situation that has gotten out of control and that the property company has not taken adequate measures to fix, so I've... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 15, 2016

The lease converts to monthly.Depending on the rat situation you may be let out for habitablity reasons. Contact your local legal aid--even if you can't get advice because of your income, ask them if any of their landlord tenant attorneys have gone into private practice.

2 Answers | Asked in Estate Planning, Personal Injury, Small Claims and Real Estate Law for Pennsylvania on
Q: My mother added me onto the deed without any signature from me. Now she is involved in an injury settlement. Help?

My 90-year-old mother's lawyer recommended that she have 50% of her property signed over to me and my three brothers in order to make sure that "ownership didn't go to the city", as he had apparently put it. Besides the obvious "Capital Gain Tax" issues that may arise... View More

Mark Scoblionko
Mark Scoblionko
answered on Aug 13, 2016

Were it not for the lawsuit you could simply execute a new deed transferring the property back to your mother. Even with the lawsuit you can do that. However, you still must get out of the lawsuit. If you have insurance, the insurance company's lawyer will file a Motion to have you removed.... View More

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1 Answer | Asked in Real Estate Law and Municipal Law for Pennsylvania on
Q: Does my Pennsylvania township share responsibilities with me for repairing a damaged detention basin?

The basin is within a drainage easement on my property which drains runoff from public roads. It's in a development without a HOA. Over several years a gully has formed cutting through a basin embankment & section of rip rap. The source of the runoff is an adjacent farm, but natural... View More

Mark Scoblionko
Mark Scoblionko
answered on Aug 13, 2016

You have outlined most of the issues that a lawyer would need to review to answer your question. One other thing that may be important is whether the farmer did anything to artificially divert the water.

A lawyer would want to review the development plan and agreement with the...
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1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: Do you know of any pro bono lawyers near Bedford County PA that handle taxes and other property matters?

I have a property tax issue and then I have a quit claim deed question.

Peter N. Munsing
Peter N. Munsing
answered on Aug 11, 2016

No pro bono lawyers but why not contact a) the bar association to see if they have volunteer attotrneys that will answer questions or 2) a lawyer referral program that gives a reduced fee? For tax issues you need a CPA.

3 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Can a joint tenancy with right of survivorship be severed by one party without consent of others in PA law?

My husband owns property under joint tenancy with right of survivorship with his brother and sister. He wants to become a tenant in common so he can leave his assets to his wife when he dies instead of his brother and sister. Can he sever joint tenancy under PA law? If yes , how?? Can he do so... View More

Mark Scoblionko
Mark Scoblionko
answered on Aug 10, 2016

He cannot do so without their consent. He would need to file a formal suit for partition. He needs to consult a lawyer.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Q: I'm the Executor on estate. What paperwork do I need to complete to change deed of property from dad to sister?

There are two properties. I'm selling one and want to give other to my sister. Wanted to take of this after closing, as I'll be paying off due taxes on both properties at the time. I've run out of money and need to know what paperwork do I need to complete to do this as the executor.

Mark Scoblionko
Mark Scoblionko
answered on Aug 8, 2016

To transfer the properties, you will need to have deeds prepared. However, there is a great deal of other paperwork associated with an estate. You will need to consult a lawyer to help you through this.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: There are judgements and liens against me but my property is jointly own by me and my husband. Can we sell it?
Peter N. Munsing
Peter N. Munsing
answered on Aug 7, 2016

Then I'm not sure if the lien is proper if it's against just you. Check with the recorder of deeds and you may want to get a consult with an attorney.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: A friend of mine helped me purchase a home 3 years ago for me and my children. we were never in a relationship he just

Said he wanted to help me so both out names are on the deed. He has never stayed at the house i have not even spoke to him in months and today i get a patition for a partition can he force me to sell my home with no where for me and my children to go?

Mark Scoblionko
Mark Scoblionko
answered on Aug 5, 2016

A partition action can be used to force one joint tenant to buy out the interest of the other joint tenant or to force the entire property to be sold to a third-party purchaser. There is a time deadline for you to respond. You should consult a lawyer immediately.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Is there a way to legally surrender real estate (a home) to the state of PA? Property taxes are adding up.

A family member no longer lives in their home, and no one will buy it (it needs lots of work).

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

The land is probably worth something. Talk to a realtor. By the way the property taxes would be to the school or borough.Talk to them, too. But you'll need a lawyer to make sure that the family member gets the proper releases.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: How can I back out of buying a house at the last minute without being sued by the seller?

All paperwork has been filed. Just waiting for the mortgage to be approved. I just got a job offer, and have changed my mind about moving.

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

So you need to talk to a lawyer, look at the paperwork with them, figure out how to negotiate a way out.You could stop the mortgage process, but that could be viewed as breach so talk to the lawyer before you do anything.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: In Pennsylvania, who owns the real estate listings if the broker sells his business and has multiple agents.

If the agents decide not to go with new owners of the agency, can they take their existing listings with them to another agency.

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

you have to look at the agreements you signed (and each may be different) when hired and as part of any severance package.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Uncle is laying claim to a house that all siblings might have a stake.

Prior to her last marriage, my grandmother had 10 children. She married for the last time and had 2 more kids. Her husband and her owned our family's house. He dies in '84 and her in 1999. One of these last two kids is making claim to the house saying it was willed to the last two kids... View More

Mark Scoblionko
Mark Scoblionko
answered on Jul 24, 2016

The first thing to do is to examine the deed. If your grandparents owned the home as tenants by the entireties, when he died, it passed to your grandmother by right of survivorship. Even if your step-grandfather had a Will, it would not control the house. The house would now pass under your... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My son and I partnered on a house, the deed in his name only. No mortgage. How do I as his Mother add my name to deed?
Mark Scoblionko
Mark Scoblionko
answered on Jul 22, 2016

You need to speak to a lawyer to determine if you want to own the house as tenants in common or as joint tenants. If as tenants in common, each owns half, each can sell that half, and, if one dies, the share of the decedent will pass by Will. If as joint tenants, each owns an undivided share of... View More

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: I am the executor of my husband's estate. Once I sell the house and mortgage takes their portion, will they mail my chec

Their was no will, and no one else has right to house.

Mark Scoblionko
Mark Scoblionko
answered on Jul 22, 2016

What ordinarily occurs is that there is a settlement at a title company. The title company will send a check to the mortgage company and will hand you a check for the net proceeds. However, if there was no Will, you are the "Administratrix," not the "Executrix," and, if there... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: I'm executor to a home with debt on it. It's in bad shape and can't be financed traditionally by buyers. What can I do?

Debt is about 1/2 the value of the home in its current condition. No FHA and more than 35k needed to make it habitable. I have a young self employed family desperately wanting to buy it but they cannot get conventional financing and have been waiting for their commercial property to sell. They... View More

Mark Scoblionko
Mark Scoblionko
answered on Jul 20, 2016

This is very complicated and you will have to work with a lawyer to accomplish this.

Probably, you can set this up under an Installment Sale Agreement. This obligates them to buy, but you would retain title until they are ready to pay the balance due. The first issue is whether this is...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My dad died 8 years ago. in his will, he left his home to me but i never transferred the deed.

I would like to sell the home now. not sure what to do

Mark Scoblionko
Mark Scoblionko
answered on Jul 14, 2016

You must probate the Will and open an estate. The named Executor in the Will (presumably you) can then execute a deed to transfer the property. Inheritance tax, which should have been paid after your father died, will now have to be paid. There will be interest and penalties, which could be... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: is it possible for me to get a HELOC in my situation?

Ok so my mother passed away in 2011 and the house I live in is under her name. My credit is not the best so when the bank offered to put it in my name I declined and kept it in the estate of my mothers name. I faxed over all the paperwork and everything showing I'm the executor of the estate... View More

Mark Scoblionko
Mark Scoblionko
answered on Jul 13, 2016

This is a question better directed to a bank. However, I suspect that you will be told that you need to own the home before you can apply for a HELOC. If so, that would mean that the house would have to be distributed to you by the estate, which must happen at some point anyway. At that point,... View More

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My ex boyfriend and i own a house as joint owners with right of survivorship. He moved out a year and a half ago.

He has remarried and has nothing to do with me or the house. He now refuses to pay his half of the property taxes now and the property will be sold for sherrifs sale if they are not paid. I will have to pay entire amount. There is no mortgage on the house. Can i get him off the deed for abandonment?

Mark Scoblionko
Mark Scoblionko
answered on Jul 12, 2016

You need to either negotiate with him to buy out his half of the property or engage a lawyer to file a lawsuit for partition. That will initially attempt to force a private sale between you or, if not successful, force a sale of the house by auction or through a broker. This can be a time... View More

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