I would like to know which laws in Pennsylvania mirror the following laws as listed in the question from the state of Georgia.
OCGA § 44-14-162.2 (a) ,
OCGA 16-8-102 (5) ,
OCGA 16-8-105 (a) & (b).
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answered on May 12, 2023
I'm not licensed in either state, but I like a puzzle/challenge as much as the next guy:
OCGA § 44-14-162.2 (a) relates to Mechanic's and Materialman's Liens in Georgia, which requires a notice to be sent to a contractor or property owner before filing a lien claim for... Read more »
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answered on May 10, 2023
Hire a PA attorney to file a Quiet Title action. You must prove that the Note was paid in full. It can be difficult to serve old lender/noteholders, so publication notice may be necessary. When you win, you must draft a precise proposed Judgment, which you will record a certified copy... Read more »
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answered on May 11, 2023
Attorney Avery is correct, but before I went that route, I would start by trying to locate a "duplicate" satisfaction of mortgage from the lender or its successor. If they are still in business, call them and ask for a duplicate satisfaction. If you cannot locate the lender or determine... Read more »
I am filing complaints with the WV Board of Professional Surveyors and the Registration of Engineers. A local surveyor lied and committed perjury on his Affidavit entered as evidence in my property dispute where I was the defendant.
I have Solid proof. This surveyor had to determine what... Read more »
answered on Apr 27, 2023
Be aware that a mistake is not perjury.
You may or may not be able to reverse the judgment depending upon whether you had the affidavit before the judgment was rendered and whether you had access to the information showing the error.
The general rule for a motion for new trial based... Read more »
My mom died intestate with a mortgaged home the lender sold portfolio of mortgages and in paperwork it showed owners death certificate but didn't show any documents of the 3 heirs so now the new mortgage co. Is trustee and said they need our birth cert. And signed quit claim deeds from the 3... Read more »
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answered on Apr 1, 2023
You should immediately seek counsel from a Trust and Estate attorney who is familiar with foreclosure actions. You should contact the heirs and open an Estate with the Sussex County Register of Wills or in the County of her residence when she passed away and have the heirs appoint an Adminstrator... Read more »
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answered on Mar 2, 2023
If you suspect that your neighbor is doing construction work without the proper permits, there are a few options you can consider:
Contact your local building department: You can contact your local building department to report any suspicious construction activity. They can investigate... Read more »
appraisal. The buyer wants to do the repairs so it passes, but wants me to reimburse him at closing. Doesn't that void the "as is" contract he signed?
answered on Feb 25, 2023
Without knowing what the agreement of sale says, it’s difficult to answer any question about it. In any event, if the buyer’s financing fell through, the agreement probably allows you to terminate the agreement. I doubt the agreement would allow the buyer to even enter onto the property without... Read more »
We are all allowed to use the alley-way for the purpose of walking through it. I need to attach a downspout to this area of my building in order to direct a portion of the rain water here. My question is, does the fact that we are all able to use the space for walking through also allow for this?... Read more »
answered on Feb 21, 2023
It’s hard to say without knowing whether there is a written easement agreement or other writing (perhaps in the deed) creating the right of way and whether it restricts the easement for its intended use. If the new downspout would further restrict the use of the easement for its intended use, I... Read more »
Put in an offer, found out they went with another offer. Later found out that the agent selling the house also represented the winning offer. From what I can tell, that agent is required to disclose this, and they are not permitted to review other offers on the house.
answered on Feb 13, 2023
The agent representing the seller is called the “listing” agent and the listing agent is the person who enters into a contract either the seller. Under PA law, a listing agent is permitted to represent both the seller and the buyer. The listing agent is required to disclose to the seller in the... Read more »
Put in an offer, found out they went with another offer. Later found out that the agent selling the house also represented the winning offer. From what I can tell, that agent is required to disclose this, and they are not permitted to review other offers on the house.
answered on Feb 13, 2023
The agent representing the seller is called the “listing” agent and the listing agent is the person who enters into a contract with the seller. Under PA law, a listing agent is permitted to represent both the seller and the buyer. The listing agent is required to disclose to the seller in the... Read more »
Is there any status of limitation on this judgments? This was for an unsecured business loan from one of the major banks .
answered on Feb 14, 2023
Credit reporting does not affect the time in which a creditor can collect a judgment. A creditor with a money judgment in Pennsylvania can collect against the debtor's personal property, including money in bank accounts, for up to 20 years. In addition, as my colleague noted, judgments become... Read more »
Is there any status of limitation on this judgments? This was for an unsecured business loan from one of the major banks .
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answered on Feb 13, 2023
Judgments become liens on all Real Property the person owns in the County where the Judgment is recorded. Judgments need to be renewed every 5 years to retain the lien and its priority against the Real Property. You should contact an attorney that has experience in Real Estate and Foreclosure Law... Read more »
the mortgage (I have been so credit doesnt tank) my family court atty says send her an eviction letter so I can sell the hosue, but everything I see is for tenants. Is there a special letter I should send?
answered on Feb 10, 2023
You need to ask your family court attorney for a better explanation.
Ordinarily, if two people are both named on the deed for a house, each person has the equal right to occupy the house, and neither owner can evict the other.
In a divorce, the family court can award either spouse... Read more »
He has real estate as well as our house in his name only, and my mom wants her name put on the property as well. How can they go about switching ownership legally from just him to both of them, so that her name can also be on the deed?
answered on Jan 30, 2023
Transferring property from a husband to husband and wife jointly (tenant by entireties in Pennsylvania) is easy so long as there is not an outstanding Mortgage loan. Just need a new Deed from your father (Grantor) to your father and mother as husband and wife (Grantees). Since the transfer is... Read more »
He has real estate as well as our house in his name only, and my mom wants her name put on the property as well. How can they go about switching ownership legally from just him to both of them, so that her name can also be on the deed?
answered on Jan 30, 2023
Easy to transfer title ownership.
Your father can sign a deed from himself to both his wife and him, and probably as joint tenants, with right of survivorship so that when one dies, the other owns the entire property automatically. He then records the deed. There will be a fee for that by... Read more »
My oldest brother is having serious health problems that could possibly be fatal. He has incurred some medical debt due to having no health insurance. If he signs over his 5/8 share of the property to the rest of us, can we avoid paying his medical bills with the estate if he should pass away?
answered on Jan 11, 2023
PA has a "fraudulent transfer" statute, to defeat the give-away of assets by a debtor or soon-to-be debtor intending to make himself "judgment proof". The reach-back period to recapture transfers of property for insufficient consideration is four years.
You don't... Read more »
Technically, I could walk from this mortgage as I am legally free from paying it but I plan to finish it. Can another creditor I'm having trouble with and was not included in the original chapter 7 bankruptcy place a lien against me on this home I have no legal obligation to pay? If yes, what... Read more »
answered on Jan 5, 2023
Justice Clarence Thomas, in the Dewsnup opinion, wrote for the majority that in a Chapter 7 case, a validly perfected mortgage lien against property cannot be "stripped down", i.e., is not affected by the bankruptcy filing (the opinion strangely held that section 106 of the bankruptcy... Read more »
i am trying to figure out what to do with the LLC. i need to changed the LLC's address as it was my sold home in NJ. do i need to file as a foreign PA LLC, create a new LLC in PA? do i need to close the NJ LLC? i am trying understand the best way to 'move' my LLC to PA. what... Read more »
answered on Dec 27, 2022
Do not have all the facts here, but it looks like you have several options. The easiest would be to get a Registered Office or Registered Agent in NJ for your LLC. The property is located in NJ, and you have a NJ LLC so that lines up fine. Just because you (as the Member or Owner) moved to PA... Read more »
Father passed away in 2017. I was named the sole executor and beneficiary in his will. The will explicitly outlined this property as belonging to him and being left to me in the case of his death. Suddenly a silent business partner that walked away four years ago exerts that he is half owner of the... Read more »
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answered on Dec 2, 2022
Dear Executor, without more details it is difficult to give you an answer as to what recourse you may have. That aside you are the Executor which means that you step into your Father's shoes regarding the disposition of his assets. The attorney that represented the Estate should have... Read more »
my grandparents had a loan on the house before they passed. left the house to my aunt, no one wants the house. the original loan was with a bank that was taken over by another bank. the loan was 10,000. a third party took the loan pennies on a dollar and 2020 and now want 26,900, my aunt... Read more »
answered on Oct 31, 2022
There is a PA statute providing a 20-year statute of limitations on actions upon real property mortgages. If the mortgage holder has failed to take action within twenty years from the date of first default, it will be barred from initiating suit. Until then, however, the mortgage holder is free... Read more »
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