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PA real estate contract Q&A

March 17 2017 , Written by Ruth Baker

Q: Can my family place a time limit on receiving a mortgage for an estate, while I am actively seeking just one?

I was paying weekly rent to my mom and have lived in the house 8 yrs. She passed away in July 2016 as well as the executor (sister) needs evidence of mortgage by March 1, 2017. Credit score is 9 points to low and might want more time to get, couple months at most although I'm actively buying mortgage. I have also been paying all expenses to keep up with the house since her passing.
Attorney Answer Peter Munsing

A: The administrator can ask -- in case you are considered among the beneficiaries, a lot depends on.

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

Attorney Answer Mark Scoblionko

A: You ought to possess an attorney prepare a deed for you as well as your ex-husband to sign. That will probably cost in the scope of $250.00, plus or minus. However, when there is a mortgage, the lawyer will have to negotiate with the bank to get its permission prepare a Release from the mortgage and to release your ex. That will cost several hundred dollars more. If he is on the Note plus a participant in the loan, you are going to probably have to refinance, buy new title insurance, etc. There'll additionally be a 2% transfer tax on the interest, which will be half the worth of the entire property of your ex. In a nutshell, this can be a pretty big deal and you will need an attorney to allow you to get through it.

Q: Can I be made to pay taxes on a home for at the time taxes are from if lease says al taxes on buyer I was not in a lease

My rent to own deal lease says all real estate taxes is going to be paid by buyer. I entered into the sales agreement 10/26/2016. I got a letter about 2016 taxes due, called the city tax people to find out what taxes were accessed the house 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 needs paid first, before I can pay my 2016 taxes. I phoned seller and told him and he says I 'm responsible for those taxes that were back as the sales agreement says all real estate taxes will probably be to the customer. Seller will forward all copies to buyer for payment. I took this to mean ALL FUTURE TAXES, not his back taxes that were delinquent. I said I wouldn't be paying those back taxes, because we will not pay his back taxes, and today he is threatening to throw me And my family out. Is thus legal? Do we truly need certainly to pay his back taxes from 2014 when we did not enter into sales agreement 2016?
Attorney Solution Ben F Meek III

A: Usually it might mean taxes that are future and that taxes would be prorated up to the time of signing the contract. FYI, in case of ambiguity in the terms of the contract, it'll normally be construed from the one who drafted it, which I presume to be your landlord. You need to get in touch with a real estate lawyer locally, describe your issue, show him or her a duplicate of your agreement and any tax statements from the taxing authorities ( check to be sure that city taxes would be the sole ones due on the property). The lawyer may then compose a demand letter for you tendering the total amount of taxes you actually owe on your house and demanding that he pay the back taxes. This presumes, of course, that the contract doesn't expressly require you to pay. The solicitor will understand. Many offer free initial consultations. Best of luck.

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

Attorney Solution Dr Kenneth V Zichi J.D.

A: You would like to, iN CASE you have the property you are able to sell it to any adult. A PRIVATE tax sale is mentioned by you yet. To my knowledge there is no such thing. Taxes are owed to the authorities, along with the authorities cannot sell its tax lien 'in private'.... Do you really own the property? Have you simply bought some kind of lien? I had reveal the paperwork to your local lawyer that is accredited to learn everything you own before you attempt to sell it!

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: My stepson's Mother died. No Will. A decrepit property is in her name. Is he legally responsible for this place ?

He is her only survivor. There is a 20,000.00 mortgage on the place and it's not worth more than a few thousand.
Lawyer Answer Dr Kenneth V Zichi J.D.

A: Your son MAY inherit the property and if he does, he would be required to pay off the mortgage (or renegotiate it). If the property is so far 'underwater' that it makes no sense to try to save it, then the best option is to do nothing. By doing nothing, your son will not become responsible for the debt or any other debts of his mother before she passed. You can't be forced to pay someone else's bills unless you've agreed to 'guarantee' them or co-signed etc. Short answer, if he doesn't want the house, he's not responsible for the debt. He also isn't REQUIRED to begin probate -- her creditors can do that if necessary. Questions? Seek local legal help from an attorney who practices in probate. He may advise starting probate, NOT starting probate, or some third option.

Q: Can we sell the home without the fees?

We bought my mother in law's residence in 2013. We were residing in the time when the house was purchased by us with her 2 years. She had no mortgage. We paid her $100,000 (mortgage). We might like to offer the dwelling and move to a smaller property. Is there any fees if this year we were to sell it?
Lawyer Solution Peter Munsing

A: If you had it titled in your name. Nevertheless, you would need certainly to pay off the balance of the mortgage on sale.

Q: Just how do I transfer the title to my name from my deceased grandparents?

All my grandparent 's children, including my dad, are now deceased. A distant cousin wants to get rid of it and has been taking care of the house. He approached me several times and asked if I want to possess it. What would I have to do, if I decided to take the home? The home can be found in Philadelphia.
Attorney Reply Mark Scoblionko

A: This is, sadly, a complex issue. Title could have passed to the surviving grandparent by right of survivorship in case the deed is in the names of both grandparents. An estate would finally must be opened for the surviving grandparent. The Will would have to be followed if there clearly was a Will. Otherwise, you may be named Administrator. The next question is if any of your aunts or uncles or your father survived the surviving grandparent or if all of them pre deceased both grandparents. The property could have passed to those survivors if any survived, unless there is a Will which provides otherwise. Estates would have to be opened for these. The cycle then repeats itself. They would need to be followed if there were Wills. If there have been not, the property would pass to your siblings, you and any cousins that are children of survivors. This really is a time consuming and quite expensive process and you'll need certainly to consult with a lawyer to get through it. You will see legal fees, taxes and estate costs.

Q: Father my brother &I possessed property as joint tenants,my father died in 1995. We now wish to improve to tenants in common,how?

I'd like to create a quit claim deed transferring the property from my brother and that I as joint tenants to us as tenants in common, but do not understand if I need to file an affidavit of some kind to remove our fathers name from the first deed. If there needs to be some sort of consideration, I additionally don't understand.
Lawyer Answer Mark Scoblionko

A: A brand new title would be prepared, conveying the house from you along with your brother as joint tenants to you personally and your brother as tenants in common, and referencing the fact that your father has expired. It is possible to merely recite "one dollar" consideration. So long as there's absolutely no mortgage or alternative lien contrary to the home, it ought to be pretty easy, but although you needs to have a lawyer do the new deed for you. You'd probably require the consent of the bank, which you're not prone to get if there is a mortgage contrary to the home.

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