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Scott M Rothman

Scott Rothman’s Answers

126 total


  • I want to move out of a mobile home community, my lease says I need to sell my home or I will still have to pay the lot rent.

    Is there any way of getting out of that contract?

    Scott’s Answer

    Even if you breach the lease, the law requires the landlord to make diligent efforts to mitigate its loss by trying to find a new tenant. If the landlord does not make diligent efforts, then you may have a defense if you get sued for the rent.

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  • How do I buy a dead woman's house?

    In 2010, a woman bought my family home when we moved. In 2012 she died with no living relatives. The house has been vacant for 3-1/2 years now and has never been listed for sale. I did some research and the county records still list her as the own...

    Scott’s Answer

    Start with the Register of Wills. Then check Prothonotary records to see if the bank filed a foreclosure action; if yes, then the bank probably figured out who the heirs are. If no estate was raised and no foreclosure action is pending, hire an heir search firm to identify the person(s) who inherited title by operation of law. The bank is probably paying the taxes; but if not, then perhaps your search of Prothonotary records will reveal a tax lien, which could lead to a tax lien sheriff's sale.

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  • I have been paying long term disability for 40 years. I Applied for benefits and my company (Cigna) has denied me benefits

    I have suffered from neck and back problems for 35 years. I have had 2 surgeries on my neck and 4 disks have been removed and fused. I have 2 damaged disks in lower back and I get injections for both my neck and back every 3 months. I also suffe...

    Scott’s Answer

    You need to consult, in private, with an attorney who understands how to deal with insurance companies, and who has some level of experience with disability policies in particular. It's hard to offer any further insight without knowing a range of facts, including the basis for the denial.

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  • Should I have to defend and indemnify realtor from any claims or lawsuits while selling my house?

    I am looking at selling my home. A realtor came over and gave me a listing agreement. In it, it says that I'll "defend, indemnify and hold harmless Broker/Licensee from any claims, lawsuits or actions arising out of Broker/Licensee's representatio...

    Scott’s Answer

    The "including BUT NOT LIMITED TO" language would trouble me. If this realtor wants your business, he/she should be able to persuade his/her brokerage firm to remove that language and, better still, add an addendum which clarifies the limited scope of the indemnity. You might consider retaining an attorney to draft an effective addendum for you.

    An attorney can also help with other aspects of the sale that may be outside the realtor's domain. You might also consider selling your property "by owner." The cost of an attorney, in almost every deal, would be a small fraction of a brokerage fee, and you can get your house on the MLS for about $300.

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  • Can my ex girlfriend, who's name is on the deed of the house I live in, prevent my current girlfriend from living with me?

    Both my name and my ex girlfriends name is on the deed of the house I live in. Mortgage is in my name. I am in the process of getting her name off the deed. I have her the agreed amount of cash to get her name off and all I have left to do is pay ...

    Scott’s Answer

    So long as you're an owner of the property, you can invite a guest to stay with you. But you should move quickly to record that quitclaim deed from your ex so there is no issue over whether your guest should be paying rent to her.

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  • What kind of laywer do i need for a domestic, real estate situation?

    my father in law paid for the buying of a mobile home for me and his son to live in. The mobile home is in my name. Now the father lives here and pays me rent to rent a room in the house. My question is what is my legal rights in this situation? ...

    Scott’s Answer

    You first need to confirm that title is actually recorded in your name (both for the land, and the mobile home itself). An attorney can help you make that determination. Assuming your ownership rights are confirmed, an attorney can help you analyze the lease arrangement to determine if a boda fide lease exists and, if so, whether there are grounds to evict your father-in-law from his tenancy.

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  • Can my husband cash settlement check we both have to sign and leave me ?

    My husband was in an accident. We are both required to sign the settlement check. He recently had an affair. I'm fearful he will take off with her and the money when we sign the check. Can he do that?

    Scott’s Answer

    No, your husband cannot cash a jointly payable check, and the bank should not accept it without signature. If he forges your signature, that is a criminal act. To eliminate any doubt that he has no authority to cash, deposit, endorse or otherwise negotiate the check without your involvement, you should send him an email and text message making it clear that he does not have your authority. You could also also alert your bank that they should not accept the check unless you physically present it.

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  • I'm a widow,the mortgage was in my spouse's name only but the deed is in both names. What is my financial obligation?

    If I were to abandon the house. Would it affect my credit?

    Scott’s Answer

    Regardless of whether you abandon the house, if you (or your deceased spouse's estate) fail to satisfy the mortgage through ongoing payments, refinance, or a sale of the property, a foreclosure action will eventually be filed in court. You will be named as a defendant in your capacity as owner, which could have a serious adverse effect on your credit. You should speak with an attorney familiar with real estate and banking law to help you make a truly informed decision.

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  • I want to buy a property at a sheriff sale.

    I want to buy a property at a sheriff sale, If i do so, what would I be liable for with that property? For example, if the property is up for sale due to mortgage foreclosure or unpaid taxes, would I be liable for all unpaid debt?

    Scott’s Answer

    You are asking a complicated question that cannot be answered with a terse internet post. The response depends on many factors, such as the lien position of the mortgage being foreclosed, the existence of any municipal liens, the county's practice regarding payment of local liens out of sale proceeds, the condition of the property, etc. At a minimum, you need a title search, but that's only the beginning of the analysis.

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  • Am i responsible for a mortgage after i did a quick claim deed transfer?do i need bankruptcy protection? (i have no debt at all)

    in my divorce i transferred over the house to my ex with a quick claim deed. there is a stipulation in my divorce decree that she must refinance the loan into her own name within 5 years(its been 3 1/2 at this point). after pulling my credit repor...

    Scott’s Answer

    I agree with Mr. Lutz, although his analysis presumes that you were a co-obligor on the debt, not merely a co-mortgagor. If you're a co-obligor, then you should consult with an attorney about your rights under the divorce decree. You may have recourse against your ex if she has breached the decree and thereby harmed your credit by failing to refinance or sell.

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