Thursday 16 March 2017

Q&A about real estate law PA

Q: This Friday, I own a house in Albrightsville PA, I 've a closing.

I own a house in Albrightsville PA, I 've a closing this Friday 3/10/17. I'm married and also the house is under my name I'm selling the dwelling. The buyers title firm needs my wife to sign a release form that must be notarized saying she doesn't have an interest in the home. The title company is telling me that this really is a State law. Do I need to get my wife?
Attorney Answer Brian Lehman

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


Q: How can you remove someone of a house title who lived in the property in question, or has never paid for?

Her daughter is on the deed, although her home is owned by my grandmother. Has been for a long time, and it's also still uncertain as to how she ended up on the title. I would like some help on which steps we should make to take her name off the title.
Lawyer Answer Dr Kenneth V Zichi J.D.

A: It's impossible to say for sure what needs to be achieved here, without seeing the paperwork. Is this 'joint' possession? 'tenants in common'? a 'ladybird' deed? Each results of what to do next in a different response, and it's also not always APPARENT what the kind of 'having her name on it' things are without reviewing the complete title. I had strongly encourage your grandmother to seek out a local real-estate lawyer explain to her what must be done to alter things, and to review things. WORST case scenario could be her daughter has to sign off on the deed. She really does need to seek a local lawyer to review this out!

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

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

A: Your son MAY inherit the property and when he does, he would be asked to settle the mortgage (or renegotiate it). In case the property is so far 'underwater' that it makes no sense to use to save it the smartest choice is to do nothing. Your son WOn't become responsible for the debt or any debts of his mother before she passed, by doing nothing. You can not be compelled to pay the invoices of someone else unless you've consented to 'guarantee' them or co signed etc. Brief reply, if he does not need the house, he is not responsible for the debt. He additionally isn't REQUIRED to begin probate -- her lenders can do that if needed. Questions? Seek local legal help from an attorney who practices in probate. He can suggest starting NOT beginning probate probate, or some third choice.

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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: 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 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 I sell the property i purchased to one of the orignal owners at a personal tax sale kids who needs to dwell there

Attorney Solution Dr Kenneth V Zichi J.D.

A: You need to iN CASE you own the property it is possible to sell it to any adult. A PRIVATE tax sale is mentioned by you yet. To my knowledge there is really no such thing. Taxes are owed to the government, as well as the government cannot sell its tax lien 'in private'.... You might not own the home? Have you ever just bought some kind of lien? I had demonstrate a local licensed lawyer the paperwork to find out everything you possess before you try and sell it!

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.

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