Q&A about real estate law PA

Q: My brother,dad&I owned property as joint tenants,my dad died in 1995. We now want to change to tenants in common,how?

I want to create a quit claim deed transferring the property from my brother and I as joint tenants to us as tenants in common, but don’t know if I need to file an affidavit of some sort to remove our fathers name from the original deed. I also don’t know if there needs to be some type of consideration.
Lawyer Answer Mark Scoblionko

A: A new deed would be prepared, referencing the fact that your father has died, and conveying the property from you and your brother as joint tenants to you and your brother as tenants in common. You can simply recite “one dollar” consideration. You should have a lawyer do the new deed for you, but, so long as there is no mortgage or other lien against the property, it should be fairly easy. If there is a mortgage against the property, you would likely need the consent of the bank, which you are not likely to get.

Q: Can we sell the house without the fees?

We purchased my mother in law’s home in 2013. We were residing in the time when we bought the dwelling with her 2 years. She’d no mortgage. We paid her $100,000 (mortgage). Move to a smaller property and we might like to offer the dwelling. Is there any fees if we were to sell it?
Attorney Answer Peter Munsing

A: In the event that you had it titled in your name no. Nevertheless, you’ll need certainly to pay off the balance of the mortgage on sale.

Q: I must own an ex boyfriends name taken off my houses title. Is this expensive? Can I do it myself? Thank you

Lawyer Response Mark Scoblionko

A: You need to possess an attorney prepare a deed for you personally along with your ex-husband to sign. That will likely cost in the scope of $250.00, plus or minus. But if there is a mortgage, the attorney will need to negotiate together with the bank to get its permission prepare a Release from the mortgage and to release your ex-husband. That will cost several hundred dollars more. If he’s on a participant in the loan plus the Note, you’ll probably have to re finance, buy new title insurance, etc. There will also be a 2% transfer tax on the interest, which will be half the worth of the home of your ex. In short, that is a fairly big deal and you will need legal counsel to allow you to get through it.

Q: Father my brother &I owned property as joint tenants,my father died in 1995. We now desire to alter to tenants in common,how?

I would like to create a quit claim deed transferring the property from my brother and that I as joint tenants as tenants in common to us, however don’t know if I need to file an affidavit of some form to remove our dads name from the first title. I additionally do not understand if there needs to be some type of thought.
Lawyer Response Mark Scoblionko

A: A brand new title would be prepared, referencing the fact that the father has expired, and conveying the house from you and your brother as your brother as tenants in common plus joint tenants to you personally. It is possible to simply recite “one dollar” thought. So long as there’s no mortgage or other lien contrary to the property, it needs to be pretty simple, but although you ought to possess a lawyer do the new deed for you. You’d probably need the consent of the bank, which you aren’t prone to get when there is a mortgage contrary to the home.

Q: Can I be made to pay taxes on a home for at the time taxes are from if lease says al taxes, I wasn’t in a lease

My rent to own deal lease says all real estate taxes is likely to be paid by buyer. I entered to the sales agreement 10/26/2016. I got a letter about 2016 taxes due, called the city tax folks to find out what taxes were reached the dwelling after 10/26/2016 so I could set up payment arrangements. They told me the seller has back taxes from 2014 in the quantity of $6865.73, that wants paid first, before I can pay my 2016 taxes. I phoned seller and told him and he says as the sales agreement says all real estate taxes will likely be on the purchaser, I ‘m responsible for those back taxes. All copies will be forwarded by seller to buyer for payment. I took this to mean ALL FUTURE TAXES, not his delinquent back taxes. I said I would not be paying those back taxes, because we will not pay his back taxes and today he’s threatening to throw me And my family out. Is hence legal? Do we truly have to pay his back taxes from 2014 when we did not enter into sales agreement 2016?
Lawyer Answer Ben F Meek III

A: Usually future taxes would be meant by it and that taxes could be prorated up to the time of signing the contract. FYI, in the event of ambiguity in the conditions of the contract, it will typically be construed against the one who drafted it, which I suppose to be your landlord. You need to get in touch with a real estate attorney locally, describe your difficulty, show him or her a duplicate of your understanding and any tax statements from your taxing authorities ( check to make sure that city taxes are the only ones due on the property). The lawyer may then write a demand letter for you personally demanding that he pay the back taxes and tendering the amount of taxes you really owe on your house. This assumes, obviously, that the contract does not expressly require you to pay. The solicitor will know. Many offer free initial consultations. Best of luck.

Q: I own a home in Albrightsville PA, I got a closing this Friday.

I own a house in Albrightsville PA, I got a close this Friday 3/10/17. I’m married as well as the house is under my name, now I’m selling the dwelling. The buyers title firm needs my wife to sign a release form that has to be notarized saying she doesn’t have an interest in the house. The title company is telling me that this really is a State law. Do I have to get my wife to sign this form?
Attorney Solution Brian Lehman

A: Question them for the statute that requires this. They may be doing it to be cautious. In case your wife doesn’t have an interest, I do not see a problem with her saying she doesn’t.

Real estate lawyers – Toronto, Ontario, Canada. Best residential lawyer.

Q: Is there any strategy to remove a restricted life estate clause from a deed with no person agreeing to take outside it?

My boyfriend and that I bought our house from my boyfriend’s parents. Only MY name is on the Mortgage. Prior to the sale, we discussed them living in your house with us. We talked to your lawyer (who also possessed the title business doing the closing), he explained he was likely to draft documents about the terms of these dwelling with us. Yet, during closing, the title agent did not bring any added documents, she “hand wrote in” a small life estate clause into the deed. She never explained what it meant for us or what the risks were. Following the close, we questioned why it was done this manner, and all she said was “don’t stress it can always be taken out afterwards”. She said we had to sign the next copy also, which we did and then retyped the title. It is now two years after, our living arrangement is just not working out and wewant to be aware of whether there’s a means to really have it “taken out” like the title agent said, without his parents having to concur?
Attorney Solution Mark Scoblionko

A: It makes no sense that the title will be in the names of you as well as your boyfriend even though it is not pertinent to your own question, but the mortgage is just in your name. For a mortgage to be valid, it must be executed by everyone whose names are to the title. In the event you had been the one borrower for the trade, it is feasible for the note that accompanied the mortgage to be entirely in your name, even if the mortgage features both names. Perhaps the note and mortgage are mistaking. With respect to your question, it may be replied only if the document is really reviewed by a lawyer. Yet, as a broad proposition, unless the deed provides the life estate is revocable, you would require contribution and the approval of your boyfriend’s parents to revoke it.

Q: Can i sell the property i bought at a private tax sale to one of the orignal owners kids who wants to live there

Lawyer Answer Dr Kenneth V Zichi J.D.

A: IF you own the property you can sell it to any adult you want to. You mention a PRIVATE tax sale however. To my knowledge there is no such thing. Taxes are owed to the government, and the government cannot sell its tax lien ‘in private’…. Do you really own the property? Have you simply bought some sort of lien? I’d show the paperwork to a local licensed attorney to determine what you own before you try to sell it!

Q: Can we sell the home without any penalties?

We bought my mother in law’s home in 2013. We were living with her 2 years at the time when we purchased the home. She had no mortgage. We paid her $100,000 (mortgage). We would like to sell the home and move to a smaller property. Is there any penalties if we were to sell it this year?
Lawyer Answer Peter Munsing

A: If you had it titled in your name no. However you would have to pay off the balance of the mortgage on sale.

Q: Can I sell the property i purchased at a tax sale that is private to one of the orignal owners youngsters who needs to dwell there

Attorney Solution Dr Kenneth V Zichi J.D.

A: You need to iF you own the property it is possible to sell it. A PERSONAL tax sale is mentioned by you yet. To my knowledge there is really no such thing. Taxes are owed to the government, as well as the authorities cannot sell its tax lien ‘in private’…. You may not own the property? Maybe you have simply bought some type of lien? I’d reveal the paperwork to a local lawyer that is accredited to determine everything you possess before you try to sell it!