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