Tag Archives: REAL ESTATE

Can we remove father from mortgage and deed without divorce?

Q: My mother in law is trying to remove her separated husband (my father) from the title of their house. He got kicked out years ago as he cheated on her for 10 years (a child was produced from this indiscretion) He doesn’t want to be on the mortgage anymore but doesn’t want to pay anything on a house that he is not living in. My mother in law doesn’t believe in divorce (old world Italian Catholic) but wants him off the deed. He also wants off. The mortgage has not been paid for in 5 plus years. Is there a way to fix this without Divorce and him not having to pay anything (it is the only way he would sign any type of paperwork, willingly). Could I get on title thru a refinance or something?

A: He can always sign a deed over to her. However, the issues are complicated. If he is on the mortgage with her, the mortgage instrument (contract) may have a due on sale clause which means if there is ever a new deed filed, the mortgage can be foreclosed upon immediately. Most mortgage contracts do not allow a change of the deed. So, drafting a deed from both of them to her, may trigger a foreclosure, or potential problems. However, the fact that the mortgage has not been paid in 5 years may trigger a foreclosure anyway. But, in general, when someone wants off a deed, and there is a mortgage, you should always check with the mortgagee (lender) and see if they will agree to release someone from the deed. Sometimes they will but it really depends. I have had mortgage companies accept a simple assumption of the mortgage but they likely will want to refinance and in either case put the house in the name of someone who has good credit.

 

Threats from next door neighbor-she is 76

Q: We have a 76 year old woman living next door and she is in the habit of taking in homeless people. Last summer some of her” tenants” were seen by my wife and myself using her back yard as a urinal and a portion of it as what we can only describe as a defecation pit. My wife talked to her about this but it went on until I called the city about it. They came out and spoke to her but it still went on. Now she found out that I was the one who called and tonight she came over making threats at our front door beating and banging on it, in a drunken rage, with foul language, then went around back and did the same. We called 911 and the police said maybe I should get a court order so if it occurs again I can press charges. I know she is up in age but some of her tenants shoot guns in the woods and they have been doing drugs on her property also (we smell marijuana smoke and other weird smells). Do you think an anti harassment order would help?

A:  Bad neighbors can be big problems. She is free to do things on her property that are not illegal. If you believe she is violating state laws or zoning ordinances, call the police or the municipality and let them investigate. Keep calling until they do their job. As far as her coming on your property, she can do so for legitimate purposes. If she is not welcome on your property any more, tell her so or provide written notice to her that neither she nor her crew are welcome on your property. If she continues to get drunk and come back over to your house (which often happens with people like this) she will be deemed a trespasser based on your prior notice. Under the law, based on the prior warning, she can be arrested as a trespasser and you can have law enforcement cite her or arrest her for trespassing. As far as a civil order you can probably get one if you continue to establish a record of bad behavior and get some good photos-like the defecation pit and sound recordings of the discharge of guns. However, you would need to pay a lawyer to do this and a civil order will not have the bite that a criminal charge would. Plus, you don’t have to pay the police, or at least should not have to. Perhaps she has lost her faculties due to natural aging or drug and alcohol abuse and a social services agency may help by doing a wellness visit. If they visited her and became concerned, they too could make referrals to the appropriate agency including the police or psychiatric intervention teams. Good luck.

Is a bill of sale legal for piece of land and how do I get the deed?

Q: The owner sold me part of his land and now he said he can’t split.

A: No one can answer that question on the limited information you have given. I would need to know much, much more. A real estate attorney should review the sales agreement, the deed, the map and so forth. It may be that the seller had good intentions but now he realized he needs to subdivide his lot to sell you a portion. The subdivision of property requires much work and usually involves getting zoning approval from the municipality. It concerns me that you think you were sold a piece of land but do not mention that your name is on the deed. It sounds like neither of you has an attorney and you need the advice.

How can we unload a piece of real estate?

Q: We have a piece of property that is zoned commercial/residential. We’ve tried to sell it but were not successful. We are not in the financial position to keep paying taxes on a piece of land that we don’t need. If we can’t sell it what can we do to unload it? It’s in White Oak, Pa.

A: I am assuming there is no mortgage involved. You can try harder to sell it. Put a sign on it that says “best offer” You can just stop paying taxes but need to confirm that the taxing entities will not come back at you for a deficiency. You should consult with a lawyer. If you cannot afford one, call the borough manager or tax collector and see if they will work something out with you. Perhaps the borough will accept a deed from you. Beware of not paying taxes and municipal services. Non-payment can result in interest, penalties and lawyer fees accruing which can turn into a big ugly bill and you being sued by the taxing entities.

Can an Executor sell estate real estate to a Co-Executor without approval of an heir?

Q. Can an executor sell the home in the estate to a co executor at a discount without approval from the beneficiary?

A. The last time I visited that subject here in Allegheny County, an executor needs to seek court approval to purchase real estate owned by an estate. It is a conflict of interest for the executor to sell realty to himself or herself. If the beneficiary is in agreement with it, and the agreed upon sales price is not ridiculously low, things should go well with the judge. If the beneficiary is not in agreement with it, there could be a problem. The judge may require a hearing with notice provided to the beneficiary to attend. In this case, the purchase price should be fair or at least reflect being close to fair market value. Real estate appraisals may be required.

My sister and I inherited mom’s house. Do we need to pay inheritance tax?

Q: My sister and I inherited my parent’s house and I have lived in it for the past 7 years since my mom died. We want to sell the house to a neighbor but her attorney says my sister and I must file an inheritance tax return and we will probably owe inheritance tax dating back to when my mother died. What do you think?

A: The attorney may be correct. Your parent’s home was probably jointly held by them by the entireties as is usually the case. When your father died, your mother inherited it from him by the law of entireties but was subject to the spousal inheritance tax rate of zero, so no inheritance tax was owed. Assuming you and your sister are the only children, you both inherited this house under your mother’s will or under intestate law from your mother. At the time of her death the house was most likely subject to inheritance tax which would have been due within 9 months of the date of her death. If that is the case, this tax and any interest that has accrued and possibly penalties are now owed. You should consult with an attorney to confirm this and to prepare a PA inheritance tax return using all available expenses as deductions. You will likely need to pay inheritance tax.