Skip to main content
Nancy J. Glidden

Nancy Glidden’s Answers

2 total

  • Can you legally sell someone's property once they fail to pay after a verbal agreement?

    We gave a roommate a 30 day notice, after 7 days there was an altercation and we asked him to leave. We told him he needed to pay for the week he was staying here and there was a piece of his property in our garage we would return once he payed. H...

    Nancy’s Answer

    Your fact pattern raises several issues, however, I understand that your primary question is whether you can sell your former roommate's property. Under the facts as you describe them, my short answer is that you sell the property at your peril. If he continues to contact you seeking the return of the property, then it is clear that he has not abandoned the property. The rights each of you have as to the other arise out of verbal agreements which are often difficult to prove up in court proceedings. My suggestion is that you try and obtain some form of written corroboration as to the verbal agreement that he would pay and you would hold the equipment until he did pay. Since that situation could be an indefinite stalemate, I suggest you try to add something along the lines of a date certain by which he would need to pay or you would then have the right to sell the property in mitigation of the damages you are claiming. Consider sending a letter from you to him certified mail setting forth what you agreed to (and adding the date certain issue suggested above), and stating that unless you hear otherwise from him, you will presume that you have accurately stated the agreement that you have with him. If you have proof in the form of the signed certified mail receipt, and he does not respond, then you have created a document that gives you more to go on should the matter wind up in court.

    See question 
  • There is a company threatening me with a deficiency judgment for a foreclosure. What type of attorney should I contact?

    I'm not sure what to do if they petition a deficiency judgment for the remaining balance. I believe that in PA you must petition within 6 months of the sheriff's sale. Does that mean from the date of the sheriff's sale? Or from the date when ano...

    Nancy’s Answer

    In PA a creditor seeking a deficiency judgment must file a "Petition to Fix Fair Market Value and for Deficiency Judgment" within 6 months of the issuance/delivery of the Deed Poll by the Sheriff. The Deed Poll is issued/delivered by the Sheriff after the property is sold at Sheriff's Sale and all costs associated with the sale have been paid by the successful bidder. To determine whether a Petition has been timely filed and contains accurate allegations with regard to the fair market value of the property, the amount(s) to be credited, and the amount the creditor claims is still owed, you should consider retaining an attorney.

    See question