PA real estate contract Q&A

Q: How do you remove someone of a house deed that lived in the property in question, or has never paid for?

Her house is owned by my grandmother, but her daughter is about the title. Has been for many years, and it's still unclear as to how she ended on the deed. I would like some help on what steps we need to make to take her name off the deed.
Lawyer Solution Dr Kenneth V Zichi J.D.

A: Without seeing the paperwork it is impossible to say for sure what needs to be done here. Is this 'combined' possession? 'tenants in common'? a 'ladybird' deed? Each leads to another reply of what to do next, and it is not at all times APPARENT exactly what the form of 'having her name on it' things are without reviewing the complete deed. I had strongly urge your grandma to seek out a local real-estate attorney to review matters, and describe to her what must be performed to alter things. WORST case scenario may be her daughter has to sign off on the title. She really does need to find an area lawyer to review this out!
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Q: Can I be made to pay taxes on a home I wasn't in a lease for at the time taxes are from if lease says al taxes on buyer

My rent to own sales lease says all real estate taxes will 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 see what taxes were accessed the home after 10/26/2016 so I could set up payment arrangements. They told me the seller has back taxes from 2014 in the amount of $6865.73, that needs paid first, before I can pay my 2016 taxes. I called seller and told him about back taxes and he says I am responsible for those back taxes because the sales agreement says all real estate taxes will be on the buyer. Seller will forward all copies 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, and now he is threatening to throw me And my family out, because we won't pay his back taxes. Is thus legal? Do we really have to pay his back taxes from 2014 when we didn't enter into sales agreement until 10/26/2016?
Lawyer Answer Ben F Meek III

A: Normally it would mean future taxes and that taxes would be prorated up to the time of signing the contract. FYI, in the case of ambiguity in the terms of the contract, it will usually be construed against the person who drafted it, which I assume to be your landlord. You should contact a real estate attorney in your area, describe your problem, show him or her a copy of your agreement and any tax statements from the taxing authorities ( check to be certain that city taxes are the only ones due on the property). The lawyer can then write a demand letter for you tendering the amount of taxes you actually owe on the house and demanding that he pay the back taxes. This assumes, of course, that the contract doesn't specifically require you to pay. The attorney will know. Many offer free initial consultations. Good luck.

Q: How do I transfer the deed to my name from my dead grandparents?

All my grandparent 's children, including my dad, are deceased. A distant cousin wants to get rid of it and has been taking care of the entire property. I was approached several times by him and asked if I want to possess it. What would I have to do, if I made the decision to take the home? The house is located in Philadelphia.
Attorney Reply Mark Scoblionko

A: This is, sadly, a problem that is complicated. Title would have passed to the remaining grandparent by right of survivorship in case the deed is in the names of both grandparents. An estate would now must be opened for the surviving grandparent. The Will will have to be followed, if there is a Will. If not, you might be named Administrator. The next question is if some of your aunts or uncles or your dad survived the living grandparent or if all of them predeceased both grandparents. The property could have passed to those survivors, unless there clearly was a Will which gives otherwise, if any endured. Estates would need to be opened for all of them. The cycle then repeats itself. If there have been Wills, they'd need to be followed. The property would pass to any cousins that are children of survivors, your siblings and you if there were not. This is a time intensive and fairly expensive process and you'll have to consult with a lawyer to get through it. You will see legal fees, taxes and estate prices.

Q: Can my family put a time limit on obtaining a mortgage for an estate, even though I am actively looking for one?

I have lived in the house 8 yrs and was paying weekly rent to my mother. She passed away in July 2016 and the executor (sister) wants proof of mortgage by March 1, 2017. I am actively looking for a mortgage but credit score is 9 points to low and might need more time to obtain, couple months at most. I have been paying all expenses to maintain the house since her passing.
Lawyer Answer Peter Munsing

A: The administrator can ask --a lot depends on if you are considered one of the beneficiaries.

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 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 going to be paid by buyer. I entered into the sales agreement 2016 to 10/26/. I got a letter about 2016 taxes due, known as the city tax folks to determine what taxes were reached the dwelling after 10/26/2016 so I possibly could set up payment arrangements. They told me the seller has back taxes from 2014 in the amount of $6865.73, that desires paid first, before I can pay my 2016 taxes. I called seller and told him and he says as the sales agreement says all real estate taxes are going to be on the customer, I am responsible for those back taxes. All copies will be forwarded by seller . I took this to mean ALL FUTURE TAXES, not his delinquent back taxes. I said I wouldn't be paying those back taxes, because we won't pay his back taxes, and now he's threatening to throw me And my family out. Is so legal? When we did not enter into sales agreement 2016 do we really need certainly to pay his back taxes?
Attorney Solution Ben F Meek III

A: Ordinarily 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 provisions of the contract, it will generally be construed against the one who drafted it, which I presume to be your landlord. You should contact a real-estate lawyer locally, describe your problem, show him or her a duplicate of your understanding and any tax statements in the taxing authorities ( check to make sure that city taxes are the sole ones due on the property). The lawyer may then compose a demand letter for you personally demanding that he pay the back taxes and tendering the amount of taxes you really owe on the home. This presumes, of course, the contract does not expressly require you to pay. The solicitor will know. Many offer free initial consultations. Best of luck.

Q: Can I sell the property i bought in a tax sale that is private to among the orignal owners children who would like to reside there

Lawyer Solution Dr Kenneth V Zichi J.D.

A: IN CASE you have the property you can sell it to any adult you would like to. A tax sale that is PRIVATE is mentioned by you nonetheless. To my knowledge there's really no such thing. Taxes are owed to the authorities, as well as the authorities cannot sell its tax lien 'in private'.... Do you really own the house? Perhaps you have just purchased some kind of lien? I'd demonstrate a local licensed lawyer the paperwork to find out everything you own before you attempt to sell it!

Q: My mother and I are on a deed as Joint tenants with survivorship.Can a will override the deed if I am the survivor?

She does not reside here and we had a falling out and she is making all sorts of threats that she's gonna take me off the deed and charge me rent, etc. I would just like to know what my rights/options are regarding this matter. Thank you.
Lawyer Answer Dr Kenneth V Zichi J.D.

A: A Will cannot override a deed. However, either joint owner can file an action for partition to separate the ownership of the property. The effect of that would be to convert the property from a joint tenancy to a tenancy in common. At that point a court could order a sale. Further, she is entitled to rent at half the the fair rental value, and each of you is responsible for half the taxes and costs of repairs and public utilities, etc. You need a lawyer to sort this through.

Q: Is there any way to remove a limited life estate clause from a deed without the person agreeing to take it out?

My boyfriend and 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 the house with us. We spoke to a lawyer (who also owned the title company doing the closing), he said he was going to draft papers regarding the terms of them living with us. However, during closing, the title agent didn't bring any additional papers, she "hand wrote in" a limited life estate clause into the deed. She never explained what it meant for us or what the risks were. After the closing, we questioned why it was done this way, and all she said was "don't worry it can always be taken out later". She then retyped the deed and said we had to sign the second copy as well, which we did. It's now two years later, our living arrangement is not working out and we'd like to know if there is any way to actually have it "taken out" like the title agent said, without his parents having to agree?
Lawyer Answer Mark Scoblionko

A: Although it is not relevant to your question, it makes no sense that the deed would be in the names of both you and your boyfriend, but the mortgage is only in your name. For a mortgage to be valid, it must be executed by everyone whose names are on the deed. It is possible for the note that accompanied the mortgage to be solely in your name, even if the mortgage contains both names, if you were the sole borrower for the transaction. Perhaps you are confusing the note and mortgage. With respect to your question, it can be answered only if a lawyer actually reviews the document. However, as a general proposition, unless the deed provides that the life estate is revocable, you would need the consent and participation of your boyfriend's parents to revoke it.