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Scott M Rothman

Scott Rothman’s Answers

143 total


  • How do I go about having the seller, the real-estate office represent her or the warranty company cover at least part of the cos

    My daughter bought a condo in Exton, PA. When we walked the house, we asked the seller about a stain on the carpet and the ceiling. She stated that this was an old roof leak which was fixed. No leak was disclosed on the "Seller Disclosure Document...

    Scott’s Answer

    You should consider filing a "small claim" with your local magisterial district justice. You may not need an attorney to attend the hearing, but you will want to consult with an attorney to be coached on how to prepare for and handle the proceeding.

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  • My Mother left her house to my Brother, Sister and me. Can me and my brother sell the house to my sister for $1?

    There are no liens on the home-paid for. She also left us with a 9K credit card debt. The house needs a lot of work in order to sell on the market. If we sold for cash as is, what the 3 of us would split would be maybe 3K each after we paid the cr...

    Scott’s Answer

    This is a question the lawyer for the estate should probably answer. As executor, you have a fiduciary duty to your co-heirs, but also to the creditors. So, be careful about disposing of an asset without satisfying the credit card debt. Also, make sure you file an inheritance tax return.

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  • I am buying a house for cash in PA. By law, do I have to have--title insurance? Can I just do a title search? What about a

    'Patriot Act' search fee?, Domestic lein search? Do taxes go from 'July 2015 to July 2016, so if I close in Jan. 2016 I would owe the sellers for 6 months or are the taxes they pay in July and October, for 'that' year, and I wouldn't owe anythin...

    Scott’s Answer

    The only reason you should even consider not buying title insurance is if you get a special warranty deed from a seller who is willing to place an amount of money equal to (if not greater than) your purchase proceeds in an escrow account to be released back to you in the event the title is defective.

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  • I need to know what my options are for a homeowners insurance claim that has not been handled and it's been 7 months.

    I had placed a homeowners insurance claim for hail damage to my roof 7 months ago and nothing has been done about it. My house is now sold, settlement is in 3 weeks and still no progress on a solution, what are my options?

    Scott’s Answer

    Pennsylvania has rigorous statutory protections for consumers who experience delays in insurance claims processing. You should talk to an attorney about your rights, and make sure you provide him/her with all communications between you and the company since the claim was submitted. Perhaps a simple letter from a litigator will do the trick of getting the company to move on the claim.

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  • I need a step by step list to form an online retail LLC in PA. Info needed, docs to file, etc.

    2 partners, online retail business, based in PA

    Scott’s Answer

    Since there are two "partners," your question goes beyond how to accomplish the ministerial tasks of brining a company into existence. An LLC with two members requires a carefully prepared Operating Agreement that accounts for all contingencies of co-owning a business, including things that may be unforeseen. an experienced business attorney should ask you all the right questions to make sure you get maximum protection for your investment.

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  • Any possible grounds for law suit?

    My service business has no contract with our client but has been servicing the company for almost two decades. This client is the foundation of the business. Without this client, there's no business. My employee refused to sign a non-compete when ...

    Scott’s Answer

    Even without a non-compete, there are certainly actions that may be available. I would need to explore more facts based on the following questions: (1) Did the employee breach his duty of loyalty before leaving: (2) Did the employee tortuously interfere with your contractual relation; (3) Did the employee use Company trade secret information; (4) Did the employee take or download any Company information before leaving; (5) Did the employee unlawfully disparage the Company; (6) Is the employee working to destroy the Company rather than simply compete for business. You should consult with an experienced business litigator.

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  • Can I transfer the deed of a home from Mother to son with back taxes owed?

    My mother owes back taxes on her house from 2013 - present. She wants to transfer the deed to my name, and I will be responsible for the taxes. I have agreed to this. I know I will have to pay the taxes, and planned to take a home equity loan...

    Scott’s Answer

    I suggest you deal with the taxes asap, to avoid the risk of a tax lien foreclosure sale proceeding, which could wipe out your prospective ownership interest in the property. If you can't lear them all at once, pay down the earliest tax debts first.

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  • Transfering a rental property from myself into an LLC; want to take property out of my name

    What is the average cost to transfer a rental property from your personal name into an LLC. The properties do have mortgages on them. Would I have to consult with mortgage company first?

    Scott’s Answer

    Your mortgage loan documents probably include a due-on-transfer provision, which would give the lender the option of declaring you in default, even if you're current on the loan. I would caution you against taking this action without getting clearance from the bank first.

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  • Can the 1St position bank foreclose & get all the proceeds from sale leaving my $0 ? Can my current bank sue me for deficiency?

    After my bankruptcy I applied for a refinance for our home, worth $450,000 with my current bank when the bank questioned $1M SBA loan liens still listed against the property. My attorney assured me in an email they were removed and the bank should...

    Scott’s Answer

    Your questions, as posed, cannot be answered without significant additional information. You're correct that a bankruptcy discharge only applies to personal liability for debt, and does not affect (i.e. eliminate) liens securing the discharged debt. I suggest you consult with an attorney who understands real estate title and liens.

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  • In PA, who is responsible for confirming that no setback problems exist

    Suppose someone wants to buy a home in PA. Who if anyone is responsible for confirming whether or not the home has a setback problem, e.g. is too close to the street or to a property line next to a neighbor? Is it the home inspector, attorney, rea...

    Scott’s Answer

    An attorney and a surveyor could potentially have liability, depending on the facts of the particular transaction. Generally, title insurance policies would not cover setback violations. Home inspectors deal with the condition of improvements on the property, not their location. Real estate agents are a closer call. The listing agent would only have liability if he/she knew of the violation and failed to disclose. A buyer's agent could have liability if the setback violation was readily discoverable.

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