Scott M Rothman’s Answers

Scott M Rothman

Conshohocken Real Estate Attorney.

Contributor Level 9
  1. What companies in PA offer good long term disability insurance policies ?

    Answered 7 months ago.

    1. Scott M Rothman
    2. Christian K. Lassen II
    3. Bennett James Wills
    4. Richard Todd Rosenstein
    5. Robert J Adams Jr.
    6. ···
    6 lawyer answers

    This is not a legal question, though the questioner would be well advised to talk with an attorney regarding the different types of policies being offered by a broker since brokers are agents of the insurance companies whose products he/she is licensed to sell. I own two LTD policies, and I researched the underwriters and terms/conditions vigorously because there can be some wide variations.

    4 lawyers agreed with this answer

  2. Can a lender collect payment on a note,mortgage or deed if they did not execute it.

    Answered 7 months ago.

    1. Scott M Rothman
    2. Alfred M. Abel
    3. Daniel Edward Mueller
    3 lawyer answers

    Lenders collect payments on Notes, not Deeds. Mortgages are documents executed by owners of property to secure their obligation to repay a loan. Lenders generally cannot collect money from someone who did not execute a Note. Lenders generally cannot foreclose on properties owned by a person who who did not execute a Mortgage. I am not sure if this information sheds any light on your situation, but feel free to post more information.

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  3. Post divorce short sale tax/foreclosure delinquency judgement issue: the house was granted to my ex by the judge order, but ...

    Answered 8 months ago.

    1. Scott M Rothman
    2. Alfred M. Abel
    3. Gail Marcus
    4. Cheryl Rivera Smith
    4 lawyer answers

    Your question seems to be whether the foreclosing lender will issue a 1099 in your name, thereby obligating you to pay income tax on account of forgiven indebtedness? The answer is *probably* not, but there are some precautions you can take, with the advice of counsel, to push that likelihood toward zero.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Does a residential real estate Seller have to disclose a pending foreclosure to a Buyer in PA?

    Answered about 1 year ago.

    1. Scott M Rothman
    2. Celia R Reed
    3. Brandy Ann Peeples
    3 lawyer answers

    If the sale proceeds are sufficient to pay off and satisfy the mortgage that is in foreclosure, and the seller can otherwise can convey clear title, then the buyer should be careful about cancelling the sale because the "fraud" may not have caused any actual harm. Perhaps there are more facts as to why the non-disclosure has posed a problem for the buyer, but if the buyer cancels without just cause, the seller may attempt to retain the deposit money under the Agreement of Sale.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. What is the best way to transfer LLC-owned real property, in PA, to an individual to minimize, or avoid, tax consequences?

    Answered over 1 year ago.

    1. Scott M Rothman
    2. Frank A Selden
    2 lawyer answers

    The question needs more detail about what type of taxes are sought to be minimized or avoided. My assumption was transfer taxes, but the questioner seems to allude to something in addition to transfer taxes. If the goal is simply to avoid state and local transfer tax, then the questioner should consult with a real estate attorney concerning the various exemptions which may apply to conveyances.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. If i want to bid on a property at a Sheriff Sale in Bucks County PA, does it make sense to speak w/ Attorney for the Plaintiff??

    Answered about 2 months ago.

    1. Scott M Rothman
    2. Robert John Carey
    2 lawyer answers

    The answer to your question is yes, try to connect with the bank's attorney. In addition to the helpful tips from Mr. Carey, check the docket in the foreclosure action to see whether the borrowers put up a fight. Vacant properties can be winners, but that also means they've been neglected. Occupied properties can be winners too, but you may have to throw some cash at the former owners in exchange for a peaceful exit. Be careful about properties occupied by tenants. If the lease pre-dates...

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  7. How do i try to get my money back from a contractor ?

    Answered 5 months ago.

    1. Scott M Rothman
    1 lawyer answer

    You should probably retain legal counsel to write a letter to the contractor. The letter should enlighten the contractor concerning the Pennsylvania Home Improvement Contractors Act and the Unfair Trade Practices & Consumer Protection Law. You should also get a double-sided image of any checks you wrote to him so you know who or what entity holds title to his bank account(s). If a letter fails to elicit a response along with your refund, I am afraid that filing a lawsuit may be your only...

    3 lawyers agreed with this answer

  8. My brother and I are both on the deed and mortgage. Can I remove myself from the deed but stay on the mortgage?

    Answered about 1 year ago.

    1. Michael T Millar
    2. Vincent J. Gallo
    3. Scott M Rothman
    4. Celia R Reed
    5. Thomas O. Moens
    6. ···
    6 lawyer answers

    The answer to your question is that no one can stop you and the co-owner from signing and recording a deed divesting you of your ownership interest. Although, as astutely noted already, there is probably a due on sale clause in the Mortgage; however, if the loan is kept current, the bank would probably not seek to enforce it. Unfortunately, if the bank will not release you from the debt, that will absolutely affect your ability to secure other financing. The only way to make that happen...

    3 lawyers agreed with this answer

  9. I own a house in pa there are four on the title. 3 want to sell one does not . how can we get the one to sell?

    Answered 5 months ago.

    1. Scott M Rothman
    2. James S. Tupitza
    3. Michael Kuldiner
    4. Vincent J. Gallo
    4 lawyer answers

    I would strongly advise against a partition action unless the property has significant value to justify the costs/fees, and only after you've exhausted every effort to negotiate with the holdout.

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  10. Regarding a lien on my dad's estate

    Answered 9 months ago.

    1. Scott M Rothman
    2. Scott Ivan Fegley
    3. Alfred M. Abel
    3 lawyer answers

    You should consult with an experienced real estate attorney to find out if the lien is actually valid and, if so, when it might expire. You should also consider whether there is a malpractice case to be asserted on behalf of your father's estate against the attorney who apparently failed to advise him to purchase a title policy and/or failed to conduct a proper search of the title.

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