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Q&A about PA real estate laws

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

Attorney Answer Mark Scoblionko

A: You need to have legal counsel prepare a deed for you as well as your ex to sign. That will probably cost in the scope of $250.00, plus or minus. However, if there is a mortgage, the attorney will have to negotiate together with the bank to get its permission to release your ex and prepare a Release from the mortgage. That will cost several hundred dollars more. If he is on a participant in the loan and the Note, you are going to likely have to re-finance, purchase new title insurance, etc. There will additionally be a 2% transfer tax on the interest, which will be half the worth of the home of your ex. In summary, this can be a pretty big deal and you will need an attorney to allow you to get through it.

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

All my grandparent 's children, including my dad, are deceased. A distant cousin has been taking care of the property and wants to eliminate it. He approached several times to me and asked if I would really like to possess it. If I decided to take the home, what would I need to do? The home is found in Philadelphia. Attorney Answer Mark Scoblionko

A: This is, sadly, a complex issue. 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 finally need to be opened for the living grandparent. The Will would need to be followed, if there is a Will. Otherwise, you may be named Administrator. The following question is if any of your aunts or uncles or your dad survived the living grandparent or if they all pre both grandparents. The property would have passed to all those survivors, unless there clearly was a Will which gives otherwise, if any lived. Estates would have to be opened for all of these. The cycle then repeats itself. If there were Wills, they'd have to be followed. If there were not, the property would pass to your siblings, you and any cousins that are children of survivors. This really is a time consuming and quite expensive process and you'll need certainly to consult a lawyer to get through it. There'll be taxes estate prices and legal fees.

Q: If you have potential buyers for a home before signing with a realtor, can they be excluded from the listing contract?

The home is in Pennsylvania. I have been told this exclusion is no longer permitted in listing contracts in this state. Lawyer Answer Peter Munsing

A: I believe you can have them excluded. It's a contract--you can put different things in there. There have to be certain disclosures, but don't see why you can't exclude them.

Q: My mum and I are on a deed as Joint tenants with survivorship. If I 'm the survivor, can a will override the title?

She does not reside here and we had a falling out and she actually is making a variety of threats that she is gonna charge me and take me off the deed rent, etc. I might just like to understand what my rights/options are regarding this issue. Thanks. Attorney Answer Dr Kenneth V Zichi J.D.

A: A Will cannot override a title. Yet, either joint owner can file an action for partition to divide the possession of the property. The consequence of that could be to convert the property from a joint tenancy into a tenancy in common. At that point a sale could be ordered by a court. Further, she's eligible for let at half the the reasonable rental value, and each one of you is in charge of half the taxes and costs of repairs and public utilities, etc. You'll need a lawyer to sort this through.

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: Is there any strategy to get rid of a restricted life estate clause from a title minus the individual consenting to take it out?

My boyfriend and that I purchased our house from my boyfriend's parents. Just MY name is around the Mortgage. Before the sale, we discussed them living in the house with us. We spoke to some lawyer (who also owned the title business doing the closing), he explained he was planning to draft papers concerning the terms of them dwelling with us. Yet, during closing, the title representative didn't bring any additional papers, she "hand wrote in" a small life estate clause into the deed. She never clarified what it meant for us or what the risks were. After the closing, we questioned why it had been done this manner, and all she said was "do not worry it can always be taken out after". She said we needed to sign the next copy at the same time, which we did and then retyped the title. It's now two years after, our living arrangement is not working out and we'd like to be aware of whether there is any way to really have it "taken out" like the title representative said, without his parents needing to agree? Attorney Answer Mark Scoblionko

A: It makes no sense that the title would be in the names of both you and your boyfriend even though it's not useful for your question, but the mortgage is only in your name. For a mortgage to be valid, it has to be performed by everyone whose names are about the title. It is possible for the note that accompanied the mortgage to be entirely in your name, even if both names are contained by the mortgage, if you were the lone borrower for the trade. Perhaps the note and mortgage are confusing. With respect to your question, it may be replied if the record is really reviewed by a lawyer. Yet, as a broad proposal, unless the deed provides that the life estate is revocable, you'd require the approval and participation of your boyfriend's parents to revoke it.

Q: If a horse boarder invests a large amount of money into building tack lockers in a barn, do they must be left for legal reasons?

The tack lockers were constructed, and fastened into the wall in a boarding facility with the verbal understanding that the owner of the house would pay for stuff. Of course now he maintains he never said that. He maintains that if they try to take them down when leaving which they are now section of the property, and he will be calling the state police. There currently isn't any written boarding deal. Lawyer Response Ben F Meek III

A: Get an attorney. Ask him about filing a mechanic & materialmen's lien on the house. Take all your receipts for stuff. You need to file suit for breach of contract and fraud around the exact same time. Best of luck.

Q: Can my family set a time limit on obtaining a mortgage for an estate, though I'm actively looking for one?

I've lived in the house 8 yrs and was paying my mom weekly rent. She passed away in July 2016 and the executor (sister) needs evidence of mortgage by March 1, 2017. I'm actively looking for a mortgage but credit score is 9 points to low and might need additional time to obtain, couple months at most. I have also been paying all expenses to maintain the house since her passing. Attorney Answer Peter Munsing

A: The administrator can ask -- in case you are considered among the beneficiaries, a lot depends on.

Source

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!

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