Friday, 17 March 2017

Q&A about real estate law PA

Q: Can my family set a time limit on receiving a mortgage for an estate, while I'm actively seeking one?

I've lived in the house 8 yrs and was paying weekly rent to my mom. She passed away in July 2016 as well as the executor (sister) wants proof of mortgage by March 1, 2017. Credit score is 9 points to low and might want additional time to get, couple months although I am actively looking for a mortgage. I've been paying all expenses to preserve the house since her passing.
Attorney Solution Peter Munsing

A: The administrator can request -- should you be regarded as among the beneficiaries, a lot depends on.
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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: I need to possess an ex boyfriends name taken from my dwellings title. Is this expensive? Can I do it myself? Thank you

Attorney Response Mark Scoblionko

A: You need to have legal counsel prepare a deed for you as well as your ex to sign. That will likely cost in the scope of $250.00, plus or minus. However, when there is a mortgage, the attorney will have to negotiate with the bank to get its permission to release your ex and prepare a Release in the mortgage. That will cost several hundred dollars more. If he's on a participant in the loan along with the Note, you will likely have to re finance, purchase new title insurance, etc. There will even be a 2% transfer tax on your own ex's interest, which will be half the value of the home. In a nutshell, this is a pretty big deal and you'll need a lawyer to enable you to get through 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.

Q: How do I transfer the deed to my name from my dead grandparents?

All my grandparent 's children, including my dad, are deceased. A distant cousin wants to get rid of it and continues to be taking care of the house. He approached me several times and asked if I want to possess it. If I made the decision to take your house, what would I need to do? The house can be found in Philadelphia.
Attorney Reply Mark Scoblionko

A: This is, regrettably, an issue that is complex. Title would have passed to the surviving 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 surviving grandparent. The Will would need to be followed if there is a Will. If not, you might be named Administrator. The following question is if some of your aunts or uncles or your father survived the living grandparent or if they all pre both grandparents. Unless there clearly was a Will which supplies otherwise, if any lived, the property would have passed to all those survivors. Estates would have to be opened for all of them. The cycle then repeats itself. They might have to be followed if there have been Wills. If there were not, the property would pass to any cousins who are children of survivors, your siblings and you. This is quite expensive procedure and a time consuming and you'd have to consult an attorney to get through it. You will see estate prices, taxes and legal fees.

Q: I need to have an ex boyfriends name removed from my homes deed. Is this expensive? Can I do it myself? Thank you

Lawyer Answer Mark Scoblionko

A: You should have a lawyer prepare a deed for you and your ex to sign. That will likely cost in the range of $250.00, plus or minus. However, if there is a mortgage, the lawyer will have to negotiate with the bank to get its consent to release your ex and prepare a Release from the mortgage. That will cost several hundred dollars more. If he is on the Note and a participant in the loan, you will likely have to re-finance, purchase new title insurance, etc. There will also be a 2% transfer tax on your ex's interest, which is half the value of the property. In short, this is a pretty big deal and you will need a lawyer to get you through it.

Q: This Friday, I own a home in Albrightsville PA, I got a close.

I own a home in Albrightsville PA, I have a closing this Friday 3/10/17. I'm married and also the house is under my name, now the home is being sold by me. 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 the home. The title company is telling me that it is a State law. Do I need to get my wife to sign this form?
Lawyer Solution Brian Lehman

A: Ask them for the legislative act that requires this. They might do it to be cautious. In case your wife doesn't have an interest, I don't see a problem with her saying she does not.

Q: Do they must be left by law if your horse boarder invests a big amount of cash into constructing tack lockers in a barn?

The tack lockers were constructed, and fastened into the wall in a boarding facility with all the verbal agreement that stuff would be paid for by the owner of the house. Of course now he claims he never said that. He claims that if they try to take them down when leaving which they are portion of the property, and he'll be calling the state police. There presently is not any written boarding arrangement.
Attorney Response Ben F Meek III

A: Get an attorney. Ask him about filing a machinist & 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 round the exact same time. Good luck.

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