Tag Archives: REAL ESTATE

Must I sign for house sale by ex-husband?

Q: My ex-husband purchased a home during the time of our marriage four years ago. He didn’t put my name on the loan or title. It has now been two years since our divorce and he says he may need my signature to sell the property in Pennsylvania. Do I have any legal requirement to sign this? I have had nothing to do with the property. I was not involved with the purchase and my name is not on any purchase or loan documents.

A:  As the home was purchased during the marriage, you obtained rights in the home through the PA Divorce Code. It is common for a spouse to have to “sign off” his or her rights under the PA Divorce Code in these situations.

Can she quit claim houses with a HELOC?

Q: My aunt wants to quit claim deed me her residence that she still owes around $50,000 on HELOC. My question is what will happen to that HELOC once the residence is in my name? Will HELOC be her financial responsibility or will it stay attached to the residence that is now deeded to me? If it is still attached to the residence, can I just continue picking up her payments? Or will she have to make her payments on her own? (Pittsburgh, PA)

Q: I will assume that this is a home equity line of credit which is secured by the home through a loan agreement and by a mortgage or lien filed with the Department of Court Records. As such, this lien will follow the residence and never be removed until the balance is paid or it is otherwise removed with the consent of the lien holder/lender or court order. When you take title to this property, you will assume the debt through the lien. If you would default on the payments, the home could be foreclosed upon and seized. As your aunt is obligated on the loan agreement, whether she or her estate would have any personal liability above and beyond the value of the seized home, would require a reading of the lien documents. Be aware that some mortgage and lien documents contain a “due on sale” clause which prohibits a transfer of ownership prior to satisfaction of the lien without lender approval. If such language is present, the entire note could be due immediately upon transfer and lead to foreclosure. If you want to assume payments for your aunt, I would talk to the lender. They may require refinancing in your name or perhaps a less involved assumption of mortgage agreement.

How do I take action against a neighbor for dangerous trees?

Q: My neighbor has 3-4 very large trees overhanging my rooftop and backyard as well as the neighbors on the opposite side. Last June (2016) a 30-40 foot, branch has broken and is now hung up over her and my property. After 11 months and 5 iterations of her “looking into it” she has stated she will do nothing. The branch as well as other branches if knocked down will cause direct harm to my property, dogs, and even my children. At this point I feel like legal action may be necessary to have her properly maintain this tree as well as the other trees in bad shape. All the details have been photographed, 4-5 neighbors have also commented on the trees, and my home owner’s insurance has noted on file in case of damage. Anyone have advice on what to do? (Pittsburgh, PA)

A: Normally, the municipality that you reside in, whether it is Pittsburgh or a suburb, will have an ordinance on in their code which addresses the excessive growth of trees which trespass on to a neighboring property. Call your local zoning enforcement officer. It should result at a minimum in them coming out to assess the situation to determine if your neighbor should be cited.

Can a POA file eviction papers?

Q: My sister owns her home. She invited her son and his son to live with her. Since that time, she entered a nursing home. Her daughter was given POA. Her son has been selling her items out of the house and damaging the property. The house had to be listed for sale when she entered the nursing home, for financial reasons. The son was supposed to move out within one week of her transition to the facility. However, he refuses to leave and refuses to let his sister, the POA, in to the house to take care of their mother’s belongings. We understand he will have to be legally evicted. Can the POA file the eviction papers for her? And can the utilities legally be turned off since he has no means to pay the bills which are in her name. And she has no funds coming to her as it goes to the facility? (Edgewood)

A: It depends if the Power of Attorney document authorizes the daughter to do the things you mention. If it is a well-drafted General Durable Power of Attorney, it likely will have a panoply of powers and she will likely be authorized to do what you express needs to be done. The document may state something to the effect, of “handling real estate matters”, which should suffice. If she is so authorized, she needs to act promptly to prevent damage to the house or theft of property from your sister. She can take the POA to the local District Justice and file an eviction complaint for possession. She can also contact the utility companies. They will require the POA to be faxed to them but she should be able to control the utilities. You may also want to involve the police.

My grandmother bought me a home, but did not leave it to me in her will

Q: As I stated above, my grandmother bought me a home to live in, which I have been in for almost 4 years. It is not stated in her will that she leaves the home to me and now her children want to kick me and my kids to the curb. What are my rights to stay in the home? Also, I’ve only paid all the utilities, not the property taxes on the home in the 4 years I have been here. (Indiana, PA)

A: I would have an attorney look at the will and the deed to this house. Generally, if you are not on the deed, you would have no rights to this property when she passes unless she included you in her will. Unfortunately, paying the utilities will not arise to any property rights

Is there a POA that will not allow real estate transfers?

Q: My older sister wants to be POA over my father to handle his finances, bank accounts, insurance, etc. But, my father doesn’t want to give her authority to sell/transfer/liquidate his real estate property. He would like to have a will done to include his three children receive shares of the real estate property. Please advise on what steps to take to insure his wishes are carried out since he is 84 years old and my mother just passed away on 5/25/17.

A: The “powers” portion of a General Durable Power of Attorney can be tailored to fit a particular need. Your father should make an appointment with an attorney and have the attorney draft a POA which removes the specific powers which authorize an agent to transfer real estate. Limiting language can be added to the effect that he does not authorize his agent to sell, transfer or liquidate his real estate.

How do you stop a group mental home from moving to your street?

Q: There is a government subsidized group home for people that are mentally challenged that is planning to buy the lot that is across the street from my house, which is in an area zoned R-1. My concerns are that I have a fifteen-year old daughter. I learned from a police officer that’s one of the residents on the street that the group home was renting in a different location, and there have been problems. One of the residents of the home has walked around the neighborhood and been caught looking-into houses. They could also be violent or sex offenders. I would like to stop them from buying across the street. What would it take to stop them from moving in? Can a group home move into an area zoned R-1? (Baldwin, PA)

A:  If they are mentally challenged, you can probably outsmart them. If what they propose is not a permissible use under the zoning code, they may have to seek a variance, which puts a very high burden on them. The question is all about whether the proposed plan meets the criteria of your local zoning ordinance. You can do many things. Go to the borough building and get a copy of the most recent zoning code and read it. You can contact the zoning code enforcement officer and tell him your concerns and ask him why the proposed use does or does not meet the zoning code. Find out from the borough secretary when borough council meets and ask the procedure for citizens to appear and address council. Also, as mentioned, join in with your neighbors and unite to oppose the proposed use. Circulate petitions against. You can also hire a lawyer to advocate for you. Do not wait until it is too late to start your legal opposition. Lastly, which I do not advise, you can arm yourself legally and take advantage of the Commonwealth’s nifty expanded deadly force laws.

What if relatives are not paying their share of property taxes?

Q: Property was turned over to us children. Two siblings passed away. Their children have not paid a cent of taxes for almost 18 years and now are holding us up from selling. What can I do? (White Oak, PA)

A: You really need to sit down with a lawyer to examine the prior deeds and estate papers to assess with certainty, what the present situation is. If you are correct, in that you own the property with the children of deceased siblings, and they are not cooperating with a sale, I would say you have a problem. You may have to buy out their interest. You could argue that what they receive should be reduced by the portion of real estate taxes and insurance if any, that they have not paid over the years. If this cannot be worked out, a petition for partition action in Allegheny County is expensive to file and litigate-for both parties. This is a matter that should be settled based on value of the property.

How do I get the deed in my name?

Q: My husband and I lived in this home over twenty years. He passed away in 2016. His named is the only one on the deed and I I’m trying to get it in my name so I can refinance it. What do I do? (Forest Hills, PA)

A: If your husband had a will and left the house to you, or everything in his estate to you, you need to file the will and open an estate. As Executor, you can easily transfer the house to yourself unless it is an insolvent estate or there is a mortgage in which case you will need approval of the mortgagee. If there was no will and you have children, or he has children from a prior relationship, PA intestate law dictates who inherits and it would be you and the children. The best case for you is if you are sole heir in his will or there is no will and no children, there is no mortgage and sufficient cash in the estate to pay the expenses. Make an appointment with an estate attorney.

How do we get the property back?

Q: My aunt oversees my grandmother’s finances and property. We recently discovered a transfer of one of her properties, which has a value of over 1/2 million dollars, has been transferred into my aunt’s name for no price. She admitted to putting in her name but my grandmother hasn’t said anything. My grandmother has five other children and my aunt did this behind my family’s back. Even if my grandmother granted this, which I don’t think she did, she no longer has a sound mind and has a problem with her memory. My dad plans on talking to my grandma but at this point is there any way to resolve this? (Pittsburgh, PA)

A:  These family situations are difficult. It is always possible your grandmother wanted your aunt to have the property. If you want to examine the transfer, hire a lawyer to look at the deed and the entire situation to determine if there are any red flags surrounding the transfer. Is your aunt operating under a valid Power of Attorney? Is the deed legally sufficient? You never know what you may find out. If the deed was prepared by an attorney he or she would have or should have examined your grandmother for competency prior to signing the deed. If you have an opinion from her doctor which states that at the time she signed the deed she would have been incompetent you have a stronger case. If your case is based on speculation, gut instinct, and suspicion, you will have an uphill battle. If you find that there are legal grounds to challenge the deed, an attorney can file a petition to rescind the deed or a quiet title action in court.