Pennsylvania real property law Q&A

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

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

A: Your son MAY inherit the property and if he does, he would be required to pay off the mortgage (or renegotiate it). If the property is so far 'underwater' that it makes no sense to try to save it, then the best option is to do nothing. By doing nothing, your son will not become responsible for the debt or any other debts of his mother before she passed. You can't be forced to pay someone else's bills unless you've agreed to 'guarantee' them or co-signed etc. Short answer, if he doesn't want the house, he's not responsible for the debt. He also isn't 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 advise starting probate, NOT starting probate, or some third option.

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

Attorney Answer Mark Scoblionko

A: You ought to have an attorney prepare a title for you along with your ex-husband to sign. That will probably cost in the scope of $250.00, plus or minus. However, if there is a mortgage, the lawyer will need to negotiate together with the bank to get its authorization to release your ex-husband and prepare a Release in the mortgage. That will cost several hundred dollars more. If he is on the Note along with a participant in the loan, you may likely have to re-finance, buy title insurance that is new, etc. There'll additionally be a 2% transfer tax on your own ex's interest, which will be half the value of the home. In short, this really is a pretty big deal and you'll need legal counsel to get you through it.

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

All of my grandparent's children, including my dad, are now deceased. A distant cousin has been taking care of the property and wishes to get rid of it. He approached me several times and asked if I would like to have it. What would I need to do, if I decided to take the house? The house is located in Philadelphia.
Lawyer Answer Mark Scoblionko

A: This is, unfortunately, a complex problem. If the deed is in the names of both grandparents, title would have passed to the surviving grandparent by right of survivorship. An estate would now have to be opened for the surviving grandparent. If there was a Will, the Will would have to be followed. If not, you could be named Administrator. The next question is if your dad or any of your aunts or uncles survived the surviving grandparent or if all of them pre-deceased both grandparents. If any survived, unless there was a Will which provides otherwise, the property would have passed to those survivors. Estates would have to be opened for all of them. The cycle then repeats itself. If there were Wills, they would have to be followed. If there were not, the property would pass to you, your siblings and any cousins who are children of survivors. This is a time consuming and rather expensive process and you would need to consult a lawyer to get through it. There will be estate costs, taxes and legal fees.

Real estate lawyer in Mississauga

Q: Can I be made to pay taxes on a home for at the time taxes are from if lease says al taxes on buyer, 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 2016 to 10/26/. I got a letter about 2016 taxes due, known as the city tax individuals to determine what taxes were reached the house after 10/26/2016 so I could set up payment arrangements. They told me the seller has back taxes from 2014 in the total amount of $6865.73, that wants paid first, before I can pay my 2016 taxes. I phoned seller and told him and he says I 'm responsible for those taxes that were back because the sales agreement says all real estate taxes are going to be to the buyer. Seller will forward all copies . I took this to mean ALL FUTURE TAXES, not his back taxes that were delinquent. I said I wouldn't be paying those taxes that were back, because we will not pay his back taxes, and today he's threatening to throw me And my family out. Is therefore legal? When we did not enter into sales agreement until 10/26/ 2016 do we truly need to pay his back taxes from 2014?
Attorney 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 the case of ambiguity in the terms of the contract, it will generally be construed against the one who drafted it, which I suppose to be your landlord. You need to contact a real-estate lawyer in your area, describe your difficulty, show him or her a copy of your understanding and any tax statements from your taxing authorities ( check to make sure that city taxes will be the sole ones due on the property). The attorney can then write 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 assumes, obviously, the contract doesn't expressly require you to pay. The solicitor will understand. Many offer free initial consultations. Good luck.

Q: Is there any way to remove a limited life estate clause from a deed without the person agreeing to take it out?

My boyfriend and I bought our house from my boyfriend's parents. Only MY name is on the Mortgage. Prior to the sale, we discussed them living in the house with us. We spoke to a lawyer (who also owned the title company doing the closing), he said he was going to draft papers regarding the terms of them living with us. However, during closing, the title agent 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 closing, we questioned why it was done this way, and all she said was "don't worry it can always be taken out later". She then retyped the deed and said we had to sign the second copy as well, which we did. It's now two years later, our living arrangement is not working out and we'd like to know if there is any way to actually have it "taken out" like the title agent said, without his parents having to agree?
Lawyer Answer Mark Scoblionko

A: Although it is not relevant to your question, it makes no sense that the deed would be in the names of both you and your boyfriend, but the mortgage is only in your name. For a mortgage to be valid, it must be executed by everyone whose names are on the deed. It is possible for the note that accompanied the mortgage to be solely in your name, even if the mortgage contains both names, if you were the sole borrower for the transaction. Perhaps you are confusing the note and mortgage. With respect to your question, it can be answered only if a lawyer actually reviews the document. However, as a general proposition, unless the deed provides that the life estate is revocable, you would need the consent and participation of your boyfriend's parents to revoke it.

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

The tack lockers were built, and fastened to the wall at a boarding facility together with the verbal understanding that the owner of the house would buy materials. Of course now he maintains he never said that. He asserts that if they try and take them down when leaving which they are now section of the property, and he'll be calling the state police. There presently is no boarding arrangement that is written.
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 materials. You must file suit for breach of contract and fraud round the exact same time. All the best.

Q: Can my family set a time limit on obtaining a mortgage for an estate, despite the fact that I'm actively trying to find one?

I was paying my mom weekly rent and have lived in the house 8 yrs. She passed away in July 2016 and also the executor (sister) wants proof of mortgage by March 1, 2017. Credit score is 9 points to low and might want additional time to obtain, couple months at most although I'm actively buying mortgage. I have also been paying all expenses to keep up with your house since her passing.
Lawyer Answer Peter Munsing

A: The administrator can request -- a lot depends on if you're regarded as among the beneficiaries.

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

My rent to own sales lease says all real estate taxes will be paid by buyer. I entered into the sales agreement 10/26/2016. I got a letter about 2016 taxes due, called the city tax people to see what taxes were accessed the home after 10/26/2016 so I could set up payment arrangements. They told me the seller has back taxes from 2014 in the amount of $6865.73, that needs paid first, before I can pay my 2016 taxes. I called seller and told him about back taxes and he says I am responsible for those back taxes because the sales agreement says all real estate taxes will be on the buyer. Seller will forward all copies to buyer for payment. I took this to mean ALL FUTURE TAXES, not his delinquent back taxes. I said I would not be paying those back taxes, and now he is threatening to throw me And my family out, because we won't pay his back taxes. Is thus legal? Do we really have to pay his back taxes from 2014 when we didn't enter into sales agreement until 10/26/2016?
Lawyer Answer Ben F Meek III

A: Normally it would mean future taxes and that taxes would be prorated up to the time of signing the contract. FYI, in the case of ambiguity in the terms of the contract, it will usually be construed against the person who drafted it, which I assume to be your landlord. You should contact a real estate attorney in your area, describe your problem, show him or her a copy of your agreement and any tax statements from the taxing authorities ( check to be certain that city taxes are the only ones due on the property). The lawyer can then write a demand letter for you tendering the amount of taxes you actually owe on the house and demanding that he pay the back taxes. This assumes, of course, that the contract doesn't specifically require you to pay. The attorney will know. Many offer free initial consultations. Good luck.