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Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: My son is getting evicted he was served with a quit notice by the executor of the estate. He is only 24

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

Nellie T Schulz
Nellie T Schulz
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,... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: On the deed never on the mortgage Per conversation when the mortgage was signed in 2002 with the attorney Russo Russo …

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... Read more »

David Kennedy Bifulco
David Kennedy Bifulco
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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Q: In PA, if my sister and I live with my father and he passes away, can we keep living in the house?

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... Read more »

Michael Cherewka
Michael Cherewka
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... Read more »

3 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Can a financial power of attorney remove assets from an estate without compensation?

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,... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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...
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2 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: Grantor needs to transfer her home into her living trust in PA. Should she use a quit-claim or a special-warranty deed?

She still has a mortgage.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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,...
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1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: If a house is willed to someone but there is a lien on the home who is responsible for the lien?

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.

Anthony M. Avery
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Anthony M. Avery
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... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: In PA, should a Buyers Agent know local ordinances?

Per local ordinance, Seller is required to perform a septic test and pump prior to deed transfer(property settled in PA in Jan of '22). They did not. Seller wont cooperate and agents are now invisible. Septic failed test.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 15, 2022

Real Estate Agents are only sales people who know little or nothing about real property. Hire an attorney to represent you on real property concerns.

2 Answers | Asked in Civil Litigation, Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: Pennsylvania: Can a landlord force you to sign a new lease after signing the lease renewal request three months earlier?

I signed a lease renewal request form in November that obligated me to the prior lease agreement. The lease renewal was for 24 months with "all other lease terms will remain the same." This month, my landlord sent me a new lease and stated that I must sign it with the addendums. The new... Read more »

Nellie T Schulz
Nellie T Schulz
answered on Mar 2, 2022

It may sound as though the lease renewal request document limits the changes that could be made to the actual lease renewal, however, a definitive answer can’t be given unless the existing lease, the lease renewal request, the proposed new lease, and any interim correspondence between you and the... Read more »

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2 Answers | Asked in Real Estate Law and Probate for Pennsylvania on
Q: At what point during probate process can deceased persons name be removed from deed for joint-owned property

The deceased did not have a will and died four years ago but the estate was just opened in January.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 1, 2022

Record a certified copy of the decedent with the Registrar of Deeds in the county in which the property is located, and any subsequent title search will show the property as owned by the surviving joint tenant.

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1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Pennsylvania on
Q: In the state of Pennsylvania, if I own a property before marriage and get divorced later is that property in jeopardy?

My husband and daughter are co-owners on the deed for the property that we currently have 2 homes on. They have owned this property for 9 years. My daughter is getting married in July. My question is 2 fold. 1. If my husband dies before me, does his share become mine? 2. If my daughter divorces,... Read more »

Stephen M. Asbel
PREMIUM
Stephen M. Asbel
answered on Feb 15, 2022

To completely answer your question, I would need more information. Concerning the first part of your question, what happens in the event of your husband dying before you, it depends upon the form of shared titled your husband and daughter have on this property. If your husband and daughter own... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Family Law and Personal Injury for Pennsylvania on
Q: Is this real money that was left for me
Tim Akpinar
Tim Akpinar
answered on Jan 30, 2022

A Pennsylvania attorney could advise best, but your question remains open for two weeks. Some information may have been left off here. It isn't fully clear in what context the money left for you materialized, and your post straddles a number of categories - each could have different manners in... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: I listed my home for sale, signed an agreement and now am having second thoughts. Can I back out?

The buyer is an investor and is paying cash.

Mark Scoblionko
Mark Scoblionko
answered on Jan 19, 2022

You would have to meet with a lawyer so that the lawyer can review your agreement and discuss the facts of the transaction with you.

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Q: Do I need to get a quit claim deed in order to assume a loan?

My husband recently passed while we were on a COVID assistance mortgage plan. For the last couple of months I have been trying to get off of the plan but the mortgage company will not let me without assuming the mortgage. You see my husband was the only one on the mortgage but we are both listed... Read more »

Stephen M. Asbel
PREMIUM
Stephen M. Asbel
answered on Dec 27, 2021

Please accept my condolences for your loss. Perhaps an easier way to address this problem is to work around it. If you and your husband were both on the deed, that is a tenancy by the entireties which means that upon your husband's death, by the rule of survivorship, you became the sole... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: My husband passed away while our mortgage was on a COVID relief plan and company is giving me a hard time to get off.

My husband passed away while our mortgage was on a COVID relief plan and company is giving me a hard time to get off.

He was the only one listed on the mortgage. We are both on the deed and I have been trying to get off the plan for 3 months to resume regular payments. Now the mortgage... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 9, 2021

For title purposes, there appears to be no need for you to put the property through a probate proceeding, if that is the sole or most significant asset in your husband's estate.

Mortgage interest rates are near historic lows. Your best path appears to be to refinance the mortgage debt...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: grantee deed two separate individuals and husband and wife as tenancy with right of survivorship as between all j
Nellie T Schulz
Nellie T Schulz
answered on Nov 28, 2021

I don’t see that you’ve asked a question. You should try re-wording your statement in the form of a question and add as much specific information as you can.

Most importantly, include whether the four persons obtained title to the property at the same exact time on the same date, in...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Married couples owns Maine real estate with a third party. Do they own 1/2 or 2/3?

One married couple plus 3rd party. Sorry for typo.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 4, 2021

You have to read the actual Deed and see what Estates are conveyed. Sometimes a

Title Search is necessary. If nothing else is stated, usually the married parties own as Tenants By The Entirety, which would be of one half, and the third party owns as a Tenant In Common of an Undivided...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Intestate estate, brother is the Administrator and lived with the deceased, who has no spouse or children.

There are a nephew and niece who had preceded their parents. They have been estranged for decades from the the brothers. Nephew wants his 1/4. Niece just had her accountant by email saying the niece "wants no communication with the entire family. "I emailed back saying I asked the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 15, 2021

It sounds like an Action for a Sale For Partition is in order. Once Heirship is determined, one or more Heirs should file the Action against the others. Hire a competent PA attorney that knows real property litigation. Hopefully the lawyer can be paid through sale proceeds. In this case,... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Sister's partner died. The mortgage is in his name. They're together 28 years but not married. She's not sure whats next

Payments not late. 22k payoff. She's on social security disability.

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

A big problem as Pennsylvania doesn't recognize common law marriage. Also, that wouldn't even apply if they didn't hold themselves out as husband and wife. In whose name is the property? If it's in the partner's name, the property goes to his estate.

Did he have a...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Arbitration - Buyer (Real estate)

sold a property two months ago.. the property was inspected thoroughly and signed off by the community inspector 2 days before the sale deed was closed. I also replaced any/all damaged items and got the property cleaned. Additionally, I also informed the buyer (before the sale deed closed) via... Read more »

Elizabeth Tarasi
Elizabeth Tarasi
answered on Oct 8, 2021

Hire an attorney

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Real estate - buyer threatens to sue on the grounds on incomplete information before sale of property

I sold a property two months ago.. the property was inspected thoroughly and signed off by the community inspector 2 days before the sale deed was closed. I also replaced any/all damaged items and got the property cleaned. Additionally, I also informed the buyer (before the sale deed closed) via... Read more »

Nellie T Schulz
Nellie T Schulz
answered on Oct 8, 2021

You don’t say what the buyer has done to “threaten” to sue you, so I can’t address that. There isn’t anything for you to do unless and until the buyer files a lawsuit against you. In the mean time, don’t reply to any emails, voicemails, phone calls, text messages or to anything on... Read more »

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