Friday, March 17, 2017

Q&A about PA real estate laws

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: Can I sell the property i purchased to among the orignal owners in an exclusive tax sale children who wants to dwell there

Lawyer Answer Dr Kenneth V Zichi J.D.

A: You need to, sHOULD you have the property it is possible to sell it to any adult. You mention A PERSONAL tax sale however. To my knowledge there is really no such thing. Taxes are owed to the government, along with the government cannot sell its tax lien 'in private'.... Do you really own the property? Maybe you have simply purchased some type of lien? I'd reveal a local lawyer that is licensed the paperwork to determine everything you possess before you try to sell 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: Can my family set a time limit on receiving a mortgage for an estate, despite the fact that I'm actively trying to find one?

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

A: The administrator can request -- in case you are regarded as one of the beneficiaries, a lot depends on.

Q: Father my brother &I possessed property as joint tenants,my dad died in 1995. We desire to alter to tenants in common,how?

I need to produce a quit claim deed transferring the home from my brother and that I as joint tenants as tenants in common to us, however don't understand if I need to file an affidavit of some kind to remove our dads name from the first title. If there needs to be some sort of consideration, I also don't understand.
Attorney Reply Mark Scoblionko

A: A brand new title could be prepared, conveying the home from you along with your brother as joint tenants to you and also your brother as tenants in common, and referencing the fact that your father has died. You are able to merely recite "one dollar" consideration. You needs to have a lawyer do the new title for you personally, but, so long as there is no mortgage or alternative lien contrary to the home, it needs to be pretty easy. You'll likely require the permission of the bank, which you're not prone to get when there is a mortgage contrary to the home.

Q: My mother and I are on a deed as Joint tenants with survivorship.Can a will override the deed if I am the survivor?

She does not reside here and we had a falling out and she is making all sorts of threats that she's gonna take me off the deed and charge me rent, etc. I would just like to know what my rights/options are regarding this matter. Thank you.
Lawyer Answer Dr Kenneth V Zichi J.D.

A: A Will cannot override a deed. However, either joint owner can file an action for partition to separate the ownership of the property. The effect of that would be to convert the property from a joint tenancy to a tenancy in common. At that point a court could order a sale. Further, she is entitled to rent at half the the fair rental value, and each of you is responsible for half the taxes and costs of repairs and public utilities, etc. You need a lawyer to sort this through.

Q: I should get an ex boyfriends name removed from my houses title. Is this expensive? Can I do it myself? Thank you

Attorney Response Mark Scoblionko

A: You need to have an attorney prepare a title for you personally as well as your ex to sign. That will likely cost in the number of $250.00, plus or minus. But if there's a mortgage, the lawyer will have to negotiate together with the bank to get its consent to release your ex and prepare a Release in the mortgage. That will cost several hundred dollars more. If he's on the Note plus a participant in the loan, you are going to probably 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 a nutshell, this can be a fairly big deal and you'll need legal counsel to allow you to get through it.

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

My rent to own sales lease says all real estate taxes will likely 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 people to see what taxes were accessed the house after 10/26/2016 so I possibly could set up payment arrangements. They told me the seller has back taxes from 2014 in the quantity 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 'm responsible for those taxes that were back as the sales agreement says all real estate taxes are going to be around the customer. 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 back taxes, because we won't pay his back taxes, and now he is threatening to throw me And my family out. Is so legal? When we didn't enter into sales agreement 2016 do we truly need certainly to pay his back taxes?
Lawyer Solution Ben F Meek III

A: Typically it might mean taxes that are future and that taxes could be prorated up to the time of signing the contract. FYI, in case of ambiguity in the provisions of the contract, it will normally be construed from the person who drafted it, which I presume to be your landlord. You should get in touch with a real estate lawyer locally, describe your issue, show him or her a copy of your arrangement and any tax statements in the taxing authorities ( check to be certain that city taxes would be the only ones due on the property). The attorney may then compose a demand letter for you demanding that he pay the back taxes and tendering the quantity of taxes you actually owe on your house. This presumes, needless to say, the contract does not expressly require you to pay. The solicitor will know. Many offer free initial consultations. Best of luck.


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.

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