Legal Question in Real Estate Law in Pennsylvania
i have been looking for a home for over a year now. just recently i found a home that is going up for aution and i called for information on the home the person said it was a philadelphia court order and not a sheriff sale. how do i find out if this person is legally able to sell the home and i do not just lose me my money. i heard the owner is in a nursing home. would i be able to get any money back if after i get in the house some one come back a year telling me i do not own it. how do u protect yourself from realestate fraud
1 Answer from Attorneys
There is never a guaranteed way to protect yourself from fraud.
If the legal owner is in a nursing home, there may be a question of whether the person you've been talking to even has legal authority to do anything at all with the property. You should definitely not be relying on what you've "heard" or what someone tells you.
In some tax sales, there may be a period of redemption, meaning that the previous owner may buy back his or her interest by paying the back taxes, sheriff's fees for the sale, and possibly your purchase payment.
The best you can do is take every precaution. In a case like this, you really should have a real estate lawyer representing you and guiding you through the process. You should have the advice of the lawyer so that you know if there may be a redemption, and what your risks are. The lawyer should also get title insurance for you. This insures that you are getting clear title to the property and that there are not any liens or claims against the property. The lawyer and the title company will look into the ability of the seller to sell
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
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