James S. Tupitza's Answers

Partition of real estate

Let me give you a Pennsylvania answer to this question. I base the answer to this question on many partition actions handled over the past 35 years. There will be numerous fees which each of you will incur. First of all, the court will appoint a Master to hear the testimony, issue a report, and handle the sale of the property. The master will be paid about 6% of the value of the property. The master often has the right to hire a lawyer to review the contract with a Realtor and any...

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How do I get a replacement deed?

The original paper deed is almost of no value once it has been recorded. In some counties we scan the original deed in our office and transmit a .tff copy through the internet to the recorder's office. They never even see the original. Your Recorder of Deeds is at 200 South Center St. Ebensburg, PA 15931. They are open from Monday to Friday from 9 to 4.

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Am I responsible for a HELOC that only my now deceased mother signed?

If you did not sign the Note, you have no personal liability. Also, if you did not sign the mortgage, the lien of the mortgage logically would have attached only to your mother's interest. However, I have seen banks allege the signing of the mortgage severed the joint tenancy and created a tenancy in common and as a result, their lien attached to one half of the property. You should have a lawyer represent you in discussion with the lender. DISCLAIMER The response given is not intended...

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What can I do to prevent my property from being seized for back taxes?

There are two ways for taxing authorities to collect taxes in PA. One is the Real Estate Tax Sale Law, pursuant to which there are sales twice a year. The upset sale is in the fall and the Judicial, or free and clear sale is in the spring. The second Act, the Municipal Claims and Tax Lien Act. Under this law, municipalities can hire attorneys to bring the sales at any time. My experience tells me these firms are not impressed with tales of disability or anything else. If you are going...

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I live next to a "paper street". I recall at one time that if one maintains an area for a certain length of time, one could

I am going to try to answer your question briefly in the short space allowed here. I am currently re-writing my 200+ page book on this topic, which is obviously a more complex and thorough view on the subject. There is a difference between paper streets created before May 9, 1889 and those after that date. Let’s assume your street is later. x to the 1889 law(found at 36 P.S. 1961), municipalities must “open” paper streets within 21 years of creation. Opening is accomplished by 1) ordinance...

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Real Estate - How do I have prev. landowner removed from house in order to sell property?

I am interested in your comment that J paid for one acre but the deed was prepared giving her 56. That to me sounds like a mutual mistake. In fact, a quite common mutual mistake. A Court will undo a mutual mistake if asked to do so. You are telling me that you want to take advantage of this mutual mistake and evict the woman who in fairness owns 55 acres of the land you inherited. Where do you think she will go? Has it occurred to you that she might run over to Mt. Pleasant, buy a gun,...

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If I sign a 99 yr lease with my 75 yr old father to rent his barn will the lease cease upon his death or remain valid as long

Here is the simple issue with a 99 year lease. You need to record a memorandum of the lease with the Recorder of Deeds, along with a transfer tax affidavit claiming the father - son exemption. If you do not record the memo of the lease, your father's other creditors could acquire a position senior to you. In addition, when dad dies you will be in potential argument about the lease. Think about it this way, unless doctors come up with something new, a 99 year lease will exceed the lives of...

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How do I get my money owed?

Go to Municipal Court and sue for the damages. Then garnish the wages of the former tenant. The LLT Act was amended a few years back to permit wage garnishment,which is generally not otherwise available in PA. Good luck.

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Can someone take a property that i bought if they think it was stolen from them

I have some bad news for you. Theft of property is epidemic in Philadelphia. I recently tried this type of case in Philadelphia before Judge Quiñones Alejandro. I represented the real owner. The thief, Mr. Evan Jarrett did a no show. The person in your shoes appeared and in fact sued my client for 1) the money paid to the thief, 2) his costs of renovations, 3) his anticipated profit, and 4) the money spent on taxes, insurance and utilities while the case worked its way through the court....

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I signed a Buyer Agency agreement. Is this contract binding to my husband who did not sign.

Any real estate licensee that wants to force you into maintaining a contractual relationship it just plain stupid. Imagine how much an agent pays for advertising to promote himself or herself. Imagine the cost of the dis-advertising when you start telling everyone you know that your are stuck like glue. Go to the agent's broker of record or manager and work this out. It should not be hard.

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