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lawyeranswer2017

Pennsylvania real estate law questions

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

Attorney Response Mark Scoblionko

A: You need to have an attorney prepare a deed for you and also your ex-husband to sign. That will likely cost in the scope of $250.00, plus or minus. However, if there is a mortgage, the attorney will need to negotiate together 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 is on the Note along with a participant in the loan, you may probably have to refinance, buy new title insurance, etc. There'll even be a 2% transfer tax on the interest, which can be half the value of the entire property of your ex. In a nutshell, it is a pretty big deal and you will need a lawyer to enable you to get through it.

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: 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.

Q: Can my family put a time limit on obtaining a mortgage for an estate, even though I am actively looking for one?

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

A: The administrator can ask --a lot depends on if you are considered one of the beneficiaries.

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Q: My brother,dad&I owned property as joint tenants,my dad died in 1995. We now want to change to tenants in common,how?

I want to create a quit claim deed transferring the property from my brother and I as joint tenants to us as tenants in common, but don't know if I need to file an affidavit of some sort to remove our fathers name from the original deed. I also don't know if there needs to be some type of consideration.
Lawyer Answer Mark Scoblionko

A: A new deed would be prepared, referencing the fact that your father has died, and conveying the property from you and your brother as joint tenants to you and your brother as tenants in common. You can simply recite "one dollar" consideration. You should have a lawyer do the new deed for you, but, so long as there is no mortgage or other lien against the property, it should be fairly easy. If there is a mortgage against the property, you would likely need the consent of the bank, which you are not likely to get.

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: 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: Can I sell the property i bought to one of the orignal owners in a personal tax sale children who needs to reside there

Lawyer Answer Dr Kenneth V Zichi J.D.

A: You want to iN THE EVENT THAT you own the property you are able to sell it to any adult. A PERSONAL tax sale is mentioned by you nonetheless. To my knowledge there is really no such thing. Taxes are owed to the authorities, and the government cannot sell its tax lien 'in private'.... You might not own the home? Perhaps you have simply purchased some sort of lien? I had reveal a local licensed attorney the paperwork to find out exactly what you possess before you try and sell it!

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