Legal Question in Credit and Debt Law in Pennsylvania

It depends on how the deed reads and I would have to see the deed. I assume that the land is in PA. PA recognizes tenancy by the entireties, which is a special form of ownership for married people. A husband and wife could own their shares as tenancy by the entireties. With mother added, the mother, husband and wife could be joint tenants (if the married couple and mother each have 50%) or tenants in common (each owns 1/3 of the land or it could be unequal). Land can be passed with or without rights of survivorship.

If there is no survivorship, then Mother's share of the land will pass as part of her estate when she dies to whomever is named in her will. If there is no will, then her share of the land will pass to her spouse, if any, and children in equal shares. If this is not what she wants, she needs to make a will.

You do not indicate when the land was deeded and when any mortgage occurred except to note that mother is not responsible for any payments. Usually, all of the individuals on the deed should be on the mortgage, but that is up to the lender. Adding mother to the deed after the mortgage will technically trigger the "due on sale" clause portion of the mortgage, but it is up to the lender to enforce.

Feel free to contact me if you would like me to review the deed.

Rachel Hunter

Attorney at Law

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(678)-687-9693

Admitted in GA, PA & NC