Being sued for transferring property with a mortgage for a nominal price.
If the suit was fled by the mortgage lender, you should carefully review the terms of the mortgage instrument to determine if the lender's remedies actually include the right to undo the transfer of title. A real estate attorney can help you decipher those sometimes inscrutable terms, and also advise you concerning any procedural and substantive defenses to the action. If you're being sued by another party with another claim or stake in the property, you would need to provide more background information.See question
My grandmother had written and notarized papers stating she left me her home, she died and never had the deed switch in my name, my mom and aunt are the administrators of the estate , but my aunt will not sign off on the paper work honoring her la...
Has your aunt or mother stated a reason why they have declined to issue a deed on behalf of the estate to you? I suspect, as Attorney Larrimore suggested, that the property may need to be liquidated (sold) to cover debts of the estate. You should consult with an attorney to inquire into these issues, and to make sure your aunt and mother are performing their fiduciary obligations in theirs role as co-Administrators.See question
Bought a home ,had it surveyed, home was not within survey lines. Corrective deed was drawn up with new survey to show home on our property. Can this be contested?
The short answer is yes, a neighbor affected by the new lines could contest the survey, assuming the new lines adversely affect neighboring property (i.e., do the new lines reduce the size of any neighboring parcel?).. One question is how far back in the chain of title does the apparent metes/bound error(s) go? You might need to take judicial action to officially establish the new lines.See question
I purchased a house in 2002 with another person. The mortgage is is in my name the deed is in both of our names. Instead of selling the house we decided that she would get a loan to cover the mortgage in her name only and I would remove my name ...
It's not clear whether you are both a co-mortgagor and a co-borrower. If you're a co-borrower (co-obligor under the Note), you probably need to "sell" your interest to your co-tenant, after she applies for, and gets approved for, a purchase money loan. If you're not obligated on the loan (i.e., if you only singed the Mortgage, not the Note), then you could simply sign a deed to her.See question
Getting old and trying to have all our stuff in both our names.
Adding your wife as an owner is a simple process. The deed will be exempt from state and local transfer tax, but you will pay a recording fee. Also, it is advisable to seek counsel from a real estate attorney to make sure the Deed is properly prepared and executed. A seemingly innocuous error in a deed can potentially cause major headaches down the line. An attorney can also advise on the type of tenancy that you and your wife will hold under the deed. Typically, you'll want a tenancy by the entireties, but some situations are different. If you have a mortgage, an attorney can also help make sure that changing the title does not give rise to a default on the loan. In my view, a competent attorney can present a fixed fee for handling this type of transaction.See question
I moved 2 years ago in Septemeber, we had an insepction before we bought the house. Their were a few things the owners were suppose to fix before they moved out but they failed to do so. Can I sue or is it to late?
The statute of limitations to bring the type of claim that you might have is two years. However, there is a "discovery rule" in PA which can extend the limitations period if the basis for the claim is a defect that could not be discovered earlier with reasonable diligence. It sounds as though the defects you are describing are for items that were known to you at closing. But you still might consider a consultation with a real estate attorney for a firm opinion based on more information than you have presented here.See question
I have a closing coming up for my daughter where we are the co-signers on the mortgage and named on the deed. I would like to know if I need legal services for the closing. It has been many years since I have closed on a property.
I agree with the comments above. In addition to searching Avvo for an experienced, well-reviewed attorney, you could call the county bar association for a referral.See question
I, the buyer, am under contract for a house in PA. Upon agreement of a price, we also stated that we wanted the 3 TVs that are in the house and the washer/dryer, as part of the agreement. 2 of the TVs are mounted to the walls and 1 is free stand...
This is not so much a legal issue, as it is a question of who can win a game of chicken. If you declare your intention not to close unless the TVs remain, and make sure the TVs are present during the walk-through / key exchange, and can afford to not appear at closing if the TVs are gone, then you might have the upper hand. Rather than retain legal counsel to write a letter of file an action, use your realtor to generate the leverage you need. The seller's realtor might also work toward helping your cause since both agents are banking on your participation at closing.See question
There may be some credit card debt liens on the subject property or other related issues and need to know how to conduct title search? The house is located in Darby area,PA
If your name was on the deed as a "joint tenant with right of survivorship" with your late father, you may not need to record a new deed to establish your ownership of the property. Your question, however, raises several other questions that cannot be answered without more information. I recommend contacting, and retaining, an experienced real estate or estate administration attorney.See question
A friend is giving me a house as a gift. Do I incur any legal expenses.
Someone will need to pay the transfer tax, which is 4% of the City's fair market valuation, as fixed by the Office of Property Assessment. Someone will need to pay the fee to record the Deed. Perhaps most importantly, before you do or pay for anything, you'd be well advised to either purchase title insurance, or hire an attorney or abstracting company to search and examine the record chain of title. For example, there could be one or more liens or other encumbrance affecting the value or your intended use of the property. You might also consider making sure the property is insurable against hazards and liabilities at reasonable rates, and also what the ongoing carrying costs will be as an owner (e.g., property taxes).See question