Legal Question in Real Estate Law in Pennsylvania

Re: Who the home owner

You asked about ownership of a home.

According to the facts presented, the home is owned by the estate of the decedent. The property should have been dealt with in probate. The mortgage holder has a first lien on the property but does not own the property.

Essentially the mortgage holder does not want to manage the property so it will not take possession through foreclosure.

You have a various options. If you inherited the property then the property is yours to deal with as you see fit, probably subject to the mortgage lien. You could allow the public authorities to sell the home at a tax sale. If the auction gets any money the first portion goes to pay the back taxes, then any remaining money due on the mortgage would be paid. Finally any excess should go to the heirs. But there is rarely any excess at a tax sale. On the plus side, the mortgage, and any deficiency, stays with the property.

Or you can ask the mortgage holder to release the lien, or even pay a negotiated amount for the release. Then the property would be free and clear.

You should speak with a local property lawyer to discuss your options thoroughly.

Regards,

Roger