Friday, March 17, 2017

Pennsylvania real property law Q&A

Q: This Friday, I own a house in Albrightsville PA, I got a closing.

I own a home in Albrightsville PA, I got a close this Friday 3/10/17. I'm married as well as the home is under my name I'm selling the house. The buyers title firm needs my wife to sign a release form that has to be notarized saying she doesn't have an interest in your home. The title company is telling me that this really is a State law. Do I have to get my wife?
Attorney Answer Brian Lehman

A: Question them for the statute that requires this. They could do it to be cautious. I actually don't see a problem with her saying she does not in case your wife does not have an interest.

Mississauga real estate lawyer

Q: Can they be excluded from the listing contract before signing having a realtor, for those who have potential buyers to get a home?

The dwelling is in Pennsylvania. I have already been told this exclusion is really no longer permitted in listing contracts in this state.
Attorney Solution Peter Munsing

A: I consider you can have them excluded. It is a contract--you are able to set things that are different in there. Do not see they can't be excluded by you, although there have to be specific disclosures.

Q: Can we sell the home without the penalties?

We bought my mother in law's dwelling in 2013. We were residing at the time when we purchased the house with her 2 years. She'd no mortgage. We paid her $100,000 (mortgage). Move to some smaller property and we would like to market the house. Is there any penalties if this year we were to sell it?
Attorney Answer Peter Munsing

A: In the event that you had it titled in your name no. However you'll need certainly to pay off the balance of the mortgage on sale.

Q: If a horse boarder invests a substantial amount of cash into building tack lockers do they need to be made legally?

The tack lockers were constructed, and fastened into the wall at a boarding facility with all the verbal understanding that materials would be paid for by the owner of the home. Of course now he claims he never said that. He promises that if they try and take them down when leaving that they are part of the property, and he will be calling the state police. There presently is not any boarding arrangement that is written.
Attorney Reply Ben F Meek III

A: Get a lawyer. Ask him about filing a mechanic & materialmen's lien on the house. Take all of your receipts for stuff. You need to also file suit for breach of contract and fraud across exactly the same time. All the best.

Q: Just how do I transfer the title to my name from my deceased grandparents?

All my grandparent's children, including my father, are deceased. A distant cousin continues to be taking good care of the home and wants to eliminate it. He approached several times to me and asked if I want to possess it. If I decided to take the home, what would I need to do? The home is located in Philadelphia.
Lawyer Reply Mark Scoblionko

A: This is, unfortunately, a problem that is complicated. Title could have passed to the remaining grandparent by right of survivorship in case the deed is in the names of both grandparents. An estate would now must be opened for the living grandparent. The Will would have to be followed, if there is a Will. Otherwise, you may be named Administrator. The following question is if some of your aunts or uncles or your father survived the surviving grandparent or if all of these predeceased both grandparents. The property would have passed to all those survivors unless there is a Will which provides otherwise, if any endured. Estates would have to be opened for all of them. The cycle then repeats itself. If there have been Wills, they'd need to be followed. If there have been not, the property would pass to any cousins that are children of survivors, your siblings and you. This is really rather expensive procedure and a time intensive and you'll have to consult with a lawyer to get through it. There'll be legal fees, taxes and estate prices.

Q: Can I sell the property i bought to one of the orignal owners at a private tax sale youngsters who needs to reside there

Attorney Solution Dr Kenneth V Zichi J.D.

A: IF you have the property you are able to sell it you would like to. You mention a tax sale that is PRIVATE nevertheless. To my knowledge there is really no such thing. Taxes are owed to the government, and the authorities cannot sell its tax lien 'in private'.... You might not own the house? Maybe you have just purchased some type of lien? I'd demonstrate a local attorney that is authorized the paperwork to find out everything you own before you try and sell it!

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: My stepson's Mother died. No Will. A decrepit property is in her name. Is he officially responsible for this particular place ?

He's her only survivor. There is a 20,000.00 mortgage on the place and it is not worth more than a few thousand.
Attorney Response Dr Kenneth V Zichi J.D.

A: Your son MAY inherit the property and if he does, he'd have to settle the mortgage (or renegotiate it). In the event the house is so far 'underwater' that it makes no sense to try to save it, then the best alternative would be to do nothing. Before she passed, by doing nothing, your son will not become responsible for the debt or any debts of his mother. You can not be forced to pay the invoices of someone else unless you've consented to 'guarantee' them or co-signed etc. that were Short reply, if he really doesn't need the house, he is not responsible for the debt. He additionally is not REQUIRED to begin probate -- her creditors can do that if necessary. Questions? Seek local legal help from an attorney who practices in probate. He may suggest beginning some third alternative, NOT beginning probate, or probate.

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