Pennsylvania real property law Q&A

Q: How do you remove someone of a house deed who has never paid for, or lived in the property in question?

My grandmother owns her home, but her daughter is on the deed. Has been for many years, and it is still unclear as to how she ended up on the deed. I would like some help on what steps we need to make to take her name off the deed.
Lawyer Answer Dr Kenneth V Zichi J.D.

A: Without seeing the paperwork it is impossible to say for sure what should be done here. Is this ‘joint’ ownership? ‘tenants in common’? a ‘ladybird’ deed? Each results in a different answer of what to do next, and it is not always OBVIOUS what the form of ‘having her name on it’ things are without reviewing the whole deed. I’d strongly urge your grandmother to seek out a local real estate lawyer to review things, and explain to her what needs to be done to change things. WORST case scenario may be her daughter needs to sign off on the deed. She really does need to seek out a local lawyer to review this!

Q: Can we sell the home without any penalties?

We bought my mother in law’s home in 2013. We were living with her 2 years at the time when we purchased the home. She had no mortgage. We paid her $100,000 (mortgage). We would like to sell the home and move to a smaller property. Is there any penalties if we were to sell it this year?
Lawyer Answer Peter Munsing

A: If you had it titled in your name no. However you would have to pay off the balance of the mortgage on sale.

Q: I own a home in Albrightsville PA, I have a closing this Friday.

I own a home in Albrightsville PA, I have a closing this Friday 3/10/17. I am married and the home is under my name, now I am selling the home. The buyers title company wants my wife to sign a release form that must be notarized saying she has no interest in the home. The title company is telling me that this is a State law. Do I need to get my wife to sign this form?
Lawyer Answer Brian Lehman

A: Ask them for the statute that requires this. They may be doing it to be super cautious. If your wife does not have an interest, I don’t see a problem with her saying she does not.

Q: Can I sell the property i purchased to one of the orignal owners at a private tax sale children who would like to live there

Lawyer Solution Dr Kenneth V Zichi J.D.

A: You want to, iN THE EVENT THAT you own the property you may sell it to any adult. A tax sale that is PRIVATE is mentioned by you however. To my knowledge there’s no such thing. Taxes are owed to the authorities, as well as the authorities cannot sell its tax lien ‘in private’…. You may not own the property? Have you simply purchased some kind of lien? I’d reveal the paperwork to your local licensed lawyer to determine everything you possess before you try to sell it!

Q: I should get an ex boyfriends name taken from my dwellings deed. Is this expensive? Can I do it myself? Thank you

Attorney Response Mark Scoblionko

A: You need to have a lawyer prepare a title for your ex along with you personally to sign. That will probably cost in the scope of $250.00, plus or minus. But if there is a mortgage, the attorney will have to negotiate with the bank to get its permission prepare a Release from the mortgage and to release your ex-husband. That will cost several hundred dollars more. If he is on the Note along with a participant in the loan, you’ll probably have to refinance, purchase new title insurance, etc. There’ll even be a 2% transfer tax on your own ex’s interest, which will be half the worth of the house. In a nutshell, this is a fairly big deal and you will need a lawyer to allow you to get through it.

Q: If a horse boarder invests a substantial amount of cash into building tack lockers in a barn, do they need to be made by law?

The tack lockers were constructed, and fastened into the wall in a boarding facility using the verbal agreement that materials would be paid for by the owner of the house. Of course he maintains he never said that. He maintains that if they try and take them down when leaving which they are now section of the property, and he will be calling the state police. There presently is not any boarding deal that is written.
Attorney Reply Ben F Meek III

A: Get an attorney. Ask him about filing a machinist & materialmen’s lien on the property. Take all your receipts for stuff. You should also file suit for breach of fraud and contract across exactly the same time. All the best.

Q: Is there any strategy to get rid of a limited life estate clause from a title with no person consenting to take outside it?

My boyfriend and that I purchased our house. Just MY name is around the Mortgage. Ahead of the sale, we discussed them living in your house with us. We spoke to some lawyer (who also possessed the title business doing the closure), he explained he was likely to draft papers regarding the conditions of these living with us. Nevertheless, during closing, the title representative didn’t bring any additional papers, she “hand wrote in” a limited life estate clause into the deed. She never explained what it meant for us or what the risks were. After the close, we questioned why it had been done this way, and all she said was “don’t stress it can always be taken out after”. The title was then retyped by her and said we needed to sign the second copy also, which we did. It is now two years afterwards, our living arrangement is just not working out and wewant to know if there’s a means to really have it “taken out” like the title representative said, without his parents needing to concur?
Lawyer Solution Mark Scoblionko

A: It makes no sense that the deed will take the names of you and your boyfriend even though it’s not relevant to your own question, but the mortgage is only in your name. For a mortgage it must be do by everyone whose names are to the deed. It is possible for the note that accompanied the mortgage to be just in your name, even whenever mortgage features both names, in the event that you were the sole borrower for the transaction. Perhaps mortgage and the note are mistaking. With respect to your question, it can be answered if the document is actually reviewed by an attorney. Nevertheless, as a general proposition, unless the deed provides that the life estate is revocable, you’d require participation and the approval of your boyfriend’s parents to revoke it.

Immigration lawyers in Toronto

Q: Can I be made to pay taxes on a house for at the time taxes are from if lease says al taxes, I wasn’t in a lease

My rent to own sales lease says all real estate taxes is likely to be paid by buyer. I entered to the sales agreement 10/26/2016. I got a letter about 2016 taxes due, known as the city tax folks to determine what taxes were accessed the house after 10/26/2016 so I really could set up payment arrangements. They told me the seller has back taxes from 2014 in the total amount of $6865.73, that desires paid first, before I can pay my 2016 taxes. I telephoned seller and told him and he says because the sales agreement says all real estate taxes will likely be to the customer I am responsible for those back taxes. All copies will be forwarded by seller . I took this to mean ALL FUTURE TAXES, not his back taxes that were delinquent. I said I would not be paying those back taxes, because we won’t pay his back taxes, and today he is threatening to throw me And my family out. Is therefore legal? When we didn’t enter into sales agreement until 10/26/ 2016 do we truly need to pay his back taxes?
Lawyer Solution Ben F Meek III

A: Usually future taxes would be meant by it and that taxes would be prorated up to the time of signing the contract. FYI, in case of ambiguity in the conditions of the contract, it’ll normally be construed against the one who drafted it, which I presume to be your landlord. You should contact a real-estate lawyer locally, describe your problem, show him or her a duplicate of your arrangement and any tax statements from the taxing authorities ( check to make sure that city taxes would be the only real ones due on the property). The lawyer can then compose a demand letter for you demanding that he pay the back taxes and tendering the quantity of taxes you really owe on your house. This presumes, needless to say, the contract does not specifically require you to pay. The solicitor will understand. Many offer free initial consultations. Good luck.

Q: Can i sell the property i bought at a private tax sale to one of the orignal owners kids who wants to live there

Lawyer Answer Dr Kenneth V Zichi J.D.

A: IF you own the property you can sell it to any adult you want to. You mention a PRIVATE tax sale however. To my knowledge there is no such thing. Taxes are owed to the government, and the government cannot sell its tax lien ‘in private’…. Do you really own the property? Have you simply bought some sort of lien? I’d show the paperwork to a local licensed attorney to determine what you own before you try to sell it!

Q: If a horse boarder invests a large amount of money into building tack lockers in a barn, do they have to be left by law?

The tack lockers were built, and fastened into the wall at a boarding facility with the verbal agreement that the owner of the property would pay for materials. Of course now he claims he never said that. He claims that if they try to take them down when leaving that they are now part of the property, and he will be calling the state police. There currently is no written boarding agreement.
Lawyer Answer Ben F Meek III

A: Get a lawyer. Ask him about filing a mechanic & materialmen’s lien on the property. Take all your receipts for materials. You should also file suit for breach of contract and fraud around the same time. Good luck.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s