Can a 19 year old second mortgage be collected on in the State of Pennsylvania.: I purchased a home in 1993 with the owner who provided mortgage. After several months in the home the certifications provided proved faulty and the home had extensive damage from roof and electrical systems. I sought an attorney who advised the owner of the situation.( payments ceased with notice to owner) In 1998 during a refi the owner forgave the debt when contacted by the broker- or at least I thought. In 2005 during another refinance the second mortgage did not surface. A year ago after the owners death the children want to collect on the debt and have filed a lawsuit prohibiting my testimony under some(dead mans clause).
James's answer: It would take 30 pages to scratch the surface of the Dead Man's Rule. It essentially prohibits testimony about what a dead person said, if the testimony is used against the dead person.It is easy to waive the rule. As a result DO NOT dream of hiring a lawyer that is not intimate with the rule. The statute of limitations on collecting the debt ran four years after your last promise to pay. The mortgage lien is probably enforceable. You must get a lawyer.
DO I Have any legal rights to this house? (case below): In 1994, the father of my children and I decided to buy a house instead of renting. We did not qualify for a mortgage because we did not have credit history. We talked to his mother and sister and they qualified and thay agreed to help us out by taking the loan in their names. The father of my children and I lived together for 11 years but in 2005 we broke up. I stayed in the house kept paying the mortgage and all the repairs/renovations. Now he wants to get married and he wants to sell the house, he doesnt care his daughter lives here and his mother and sister are intimidated by him and are willing to sign a contract to sale this house. Do I have rights to this house????
James's answer: A really good answer to your question cannot be given without ALL the facts. That said, two comments you made are interesting. First, you said "WE talked his mother and sister......they agreed" Secondly you said "he wants to sell." It sounds to me as though the mother and sister acknowledge they have no ownership and that the are not going to lie about what happened in the past. You need a very cautious and slow moving real estate lawyer. These two statements might be "ripples in the pond" (I'll explain that in a minute), but you need to give these people time to make these and additional ripples, real and provable. If someone says I did not throw a pebble into the pond, we look for ripples to see if this statement is true. If there are ripples, we know someone threw a pebble into the pond. If he says "I did not get my mom and sister to buy a house for US in their names." We look for the ripples to disprove the statement. Get a lawyer who understands "ripples" and who will give them time to create some more before he or she threatens a lawsuit. Remember this, any good lawyer will help you first figure out your desired end result, and then chart a path in that direction. It is much easier, and consequentially much more dangerous to start shooting first. In your case, you may be able to resolve this amicably, because there might really be no dispute.
What are my options if my title company did not fulfill their obligations?: I bought my home in July of this past year. The seller happened to work for the local school district, so when the bill came as delinquent, he sent it to me. I ended up having to pay them a second time (they were paid at settlement to the title company) to avoid a tax lien. I then found out that the deed was never transferred at the local courthouse and is still in the name of the seller. They need me to pay the transfer taxes again (paid at settlement) in order to have the deed transferred to my name. I have tried to file a claim with the title insurance company, but they are located in NJ and said this is a PA issue, even though they were the underwriters and issued my title insurance policy. What can I do?
James's answer: You need to meet with a lawyer. Take the following with you: the HUD-1, your cancelled checks, the title policy or marked up commitment, any other papers delivered at closing. make sure the lawyer is familiar with real estate and title insurance. All of these items should have been dealt with at closing. If you think you smell a rat, you are probably right.