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Scott M Rothman

Scott Rothman’s Answers

156 total


  • Should I do it?

    I have a property under my name. But not on mortgage the person on the mortgage is deceased. The bank said I can put it under my name after I send them proof that they're dead.

    Scott’s Answer

    In addition to the questions posed by Mr. Abel, I'm also wondering whether the deceased mortgagor's name is also on the title. If so, and unless you acquired title by right of survivorship, you may need to obtain an d record a deed from a duly appointed representative of the decedent's estate.

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  • If I'm on the title (home) not on mortgage with bank, can affect my credit ability in any way buy an other property. Thank you.

    My husband is not updated with his mortgage payments, with good reasons: Hospitalization, surgery, rehab etc. We are not in any divorce action and not even think about it.

    Scott’s Answer

    You may be able to waive your right to be named as a party in a foreclosure action if you disclaim your ownership interest in the property. Whether or not that's advisable presents a complicated question that cannot be answered without knowing more information about you and your husband's situation.

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  • How can I sell a home that was jointly owned by my late common law husband and myself?

    We were together for over 30 years and have 1 grown child together. We have lived in Phila. Pa. all the years we were together. I have been paying the real estate taxes the past 12 years since he passed, but they are listed in his name. Thank you

    Scott’s Answer

    If the Deed vested you with title as joint tenants with a "right of survivorship" or as tenants by the entireties, then you may be able to sell the property without raising an estate. However, in either case, it is advisable that you speak with an attorney who practices in real estate and/or estate administration.

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  • I purchased a house at a tax sale and then me and my fiance decided to put it in her name now we're splitting up what can I do

    My friends house when up for tax sale I contacted company that purchased it and made an agreement to buy it back from them in several payments beings I have a lien against my house currently we decided me and my fiance to put it in her name now we...

    Scott’s Answer

    If a deed has been recorded in both of your names already, you'll need to either work out a deal with your ex-fiance to be bought out of your interest, or reach an agreement to sell the property to someone else and whack up the proceeds. If you can't reach either form of agreement, the last resort would be a partition action in court. If you gave a mortgage on the property, then untangling your interest could be even more problematic.

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  • Can my ex sue me for half mortgage? I paid all in house bills. Isn't that contributing?

    Can my ex make me sign quitclaim deed. Saying I didn't contribute to mortgage. I paid all in house bills. Grocery,electric,phone,cable. Can he win by suing me?

    Scott’s Answer

    You cannot be forced to sign a quitclaim deed, unless there is a divorce agreement or decree/order stating you must give up your interest. Whether he can sue you for contribution on the mortgage loan is a trickier question that requires a private consultation with an attorney experienced in real estate or family law.

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  • Can I obtain ownership of this property through adverse possession ?

    I have purchased my property in 2001. I have lived here continuously since then. Adjoining my property and in between the next property is a piece of ground that apparently an easement for a street. This property has never been used as a street. ...

    Scott’s Answer

    The "piece of ground" may be a "paper street" that you could actually own (or own part of) by operation of a law other than adverse possession. A paper street is a street that was demarcated on a subdivision plan (i.e. a piece of paper) but was never dedicated to the municipality. You should consult with a real estate attorney to investigate whether or not the land is a paper street and, if so, the implications of that being the case.

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  • Who is liable when seller of house installs item violating his HOA agreement, but HOA only raise issue after sale?

    I purchased a house recently in a homeowner's association in Montgomery County. Before we closed, we had the Radon levels tested and they were off the charts (six times national level), so as one of our stipulations we asked that the seller of the...

    Scott’s Answer

    The Seller is almost certainly not liable. Even if the AOS and/or SPDS had a warranty that there were no existing HOA violations, the radon system was installed after those documents were executed. Your realtor should have advised you to check with the HOA rules before committing to buy the property with the allegedly infringing radon system. If you want to consult with an attorney, the focus should be how to deal with the HOA, and possibly to pursue a claim against the realtor if you are forced to spend money modifying the system.

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  • Am I responsible to pay the full balance?

    I'm in the process of selling my house. There's a mortgage on it but not under my name. The person whose name is on it pass away in 2002.

    Scott’s Answer

    Unless you purchased title insurance sometime after the mortgage was recorded, with no coverage exception for the mortgage, then you'll have to work things out with the current holder of that mortgage if you want to sell with clear title.

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  • Will signing a consent judgment for release of interest to my deceased mother's foreclosure property negatively affect me?

    Deceased mother's property is in foreclosure at plaintiff's attorney's Ofc. There's no will or estate opened in probate, & Of three siblings, two of us wish to relinquish all rights/ownership/title to the property since we don't & haven't lived...

    Scott’s Answer

    If the loan was in your mother's name only, and so long as you did not assume the personal obligation to repay it, your credit should not adversely affected by the foreclosure. It sounds like a consent judgment is not an unreasonable proposal, but perhaps the estate could be compensated for cooperating with a fast turnaround of the property for the benefit of the lender.

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  • Do I have any legal grounds to come after the previous sellers/inspector of my home?

    I just bought my first home in August 2015. After 2 months, our downstairs (basement, it's a bi-level home) flooded. The house was inspected and I have a sellers disclosure. I recently spent close to $8000 to "fix" the problem and last night, the ...

    Scott’s Answer

    You should consult with an attorney to discuss the potential liability of the Sellers, inspector, and any realtors involved in the deal. Inspectors and realtors generally carry E&O insurance, so you want an attorney who knows how to navigate a claim that might trigger coverage under a policy. Non-disclosure claims against Sellers can be highly difficult to prove, and I suggest you use caution before spending even more of your life's savings chasing after people. In other words, be skeptical of any attorney who says your case is a slam dunk. There are measures that can be taken through correspondence before a lawsuit is even considered.

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