Get free answers to your Real Estate Law legal questions from lawyers in your area.
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 
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Home, that I cared for for years but had to go to a nursing home and she had a reverse mortgage on the home and is now in foreclosure and so I will need to find a place to live or buy the property at forclosure? Is that my only option?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2022
There are specific rules regarding the purchase/repayment of the reverse mortgage by a family member. If the reason for the foreclosure is that your Grandmother is in a Nursing Home the contract should have provisions that cover this situation. It could be dependent on her status and whether it... View More
Claim made to offending party's insurer. How much property damage is the insurer liable for? Thank you. Damage was done for years prior to sale and continues (storm water). Damage caused by offending party negligently not following the law
answered on Sep 5, 2022
A Pennsylvania attorney could advise best, but your question remains open for three weeks. I could only speak for the insurance elements of your question, since you posted under Insurance Bad Faith. It could depend on the insurer's policy limits and whether it is a loss covered by the policy... View More
My real estate agent notified my mortgage company.
My mortgage company has listed my home on Zillow for sale after it is under agreement.. is this legal?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2022
If the mortgage is recorded then any "sale" takes subject to the mortgage which could be foreclosed. Your agent and buyer do not know what they are doing. You as the mortgagor might expedite the sale and get a release of the mortgage prior to foreclosure.
And what is subject matter jurisdiction ? Thank you I’m advance for answering this for me?
answered on Aug 2, 2022
A Pennsylvania attorney could probably advise best, but your question remains open for two weeks. In the most basic sense, a plausible claim is one that is valid. The claim holds legal merit. It could also refer to a claim's ability to withstand a motion to dismiss. Subject matter jurisdiction... View More
My stepmother had a life estate for my father’s house , with my sister, stepsister and myself being the remaindermen. Whereas that arrangement is specified on his will, I’m not sure if it is reflected on the deed. I called the county clerk but she said she could not give me the info. How can I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2022
Hire a PA attorney to search the Title and tell you the status. Real Property can be conveyed by a Probated Will, in addition to Deeds, Court Orders, Heirship, Tax Sales and Adverse Possession.
My stepmother recently passed away. My father had granted her a life estate for his house, with the remainder interest to be divided between my sister, myself, and my stepmother's daughter. What is the process that we now need to go through to sell the house and divide the proceeds. The lawyer... View More
answered on Jul 25, 2022
You and your co-heirs need to know what the County record/Registrar of Deeds shows where the real estate is situated. If that record shows the grant from your father to step-mother, remainder to you and heirs, it is probably sufficient to file/record a Certificate of Death of your step-mom.... View More
answered on Jul 23, 2022
A Pennsylvania attorney could advise best, but your question remains open for three weeks. It's difficult for attorneys here to offer their services to you to fulfill your request. This forum isn't set up like an attorney referral service. The format here is basically Q & A. One... View More
Can I go to court and request my information and home title be private due to fraud since it is so easy for someone to steal a home due to public record and all information available to criminals, because there is no protection for an innocent person by the law? Thank you and think for your help.
answered on Jul 5, 2022
The deed to your house is not kept at a court, but is publicly recorded and maintained at the Office of the Recorder of Deeds for the county in which your house is located. I don’t know of any way a court could do anything to prevent beforehand anyone from preparing, selling, or recording a fake... View More
answered on Jul 3, 2022
There is no Pennsylvania state law requiring that sales or purchases of residential houses be published in a newspaper. Although I have never heard of one, I suppose there is a possibility that a county, city, borough, or township has such a requirement for residential real estate located within... View More
He signed the quit notice even though it said by the 30th and the man who delivered it said it was a 30 day notice but was delivering it on the 13th. This is in Pennsylvania. Can they lock the doors on him if he isn't out by the 30th
answered on Jun 16, 2022
A Notice to Quit provides the tenant a certain amount of time to either (a) cure the default within the time period and remain at the leased premises or (b) not cure the default and vacate the leased premises. If the tenant stays at the property beyond the time period and does not cure the default,... View More
I was added to deed 2003 per the conversation at the closing then the mortgage went to BOA because Ditech went out of business they went bankrupt, but the original note and mortgage was never paid off it was just a mortgage assigned and it in the deed followed, for some reason in the bankruptcy... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2022
You have a lot of issues in your inquiry. Without seeing the docket and gathering more information it is not possible to give you an answer. You should contact an experienced foreclosure defense attorney to go over your legal rights.
Both my sister and I are over 18 oh, and my father passed away. We both have been living in the house helping take care of him. He told us that both my sister and I would be getting 50% of the house. We have not been able to locate a Will anywhere, and I know we are supposed to pay inheritance tax... View More
answered on May 24, 2022
There are too many unanswered questions right now to give you a specific answer in this type of forum, but you are fortunate that there are no mortgages or liens on the house. You should meet with an experienced estates attorney to assist you in opening an estate administration (since there is no... View More
My parents helped my sibling(1) buy a house and also provided money to make improvements - new roof, bathroom(s) remodeled, etc. Now both my parents are incapacitated. My other sibling(2) has power of attorney over both of them, and used the power to re-title the property in sibling(1) name only,... View More
answered on Apr 27, 2022
In PA, the designated "attorney-in-fact" must always act to promote the best interests, especially financial, of the grantor(s) under the Power of Attorney.
Upon the scant facts you provide, there seems to be no financial benefit to your parents by forfeiting their long-held... View More
She still has a mortgage.
answered on Mar 28, 2022
Either form of deed will serve the purpose.
Warranties, in a deed or any other document, assure the person to whom the warranty is given, and if breached, that person may be entitled to the grantor for the breach.
Inasmuch as the grantor's own living trust will be the grantee,... View More
The lien is from a home equity loan where the primary applicant is not on the deed of the property but the co-signer is. In this scenario, the co signer passed away and in their will they gave the house to someone unassociated with the loan/lien.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2022
A Devise of real property subject to a Lien to a Devisee conveys the property to the Devisee with the Lien against the land, but does not render the Devisee personally obligated for the Debt which created the Lien. The Lienor may go against the land but not the new owner. However the Lienor... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
