Legal Question in Real Estate Law in Pennsylvania
Who's house is it?
My dad purchased a home in his name for me in 1993. I have paid all the bills/mortgage since. He has never lived in the home but of course all the bills are in his name. I have bank statements dating back to 1993 showing I pay the mortgage/bills. He did quitclaim the home to me in 2003. In 2006 he passed away leaving no will. The original sales agreement states the mortgage is assumable with no due on sale clause but we did not pursue this prior to his death. What can I do to get the house placed in my name? Do I have any claim on this property?
1 Answer from Attorneys
Re: Who's house is it?
Condolences on the death of your father.
If your dad gave you a quit claim deed changing the legal title to your name, that deed should have or can be recorded. That's all that's required to change the title.
When you mention "no due on sale" clause, are you referring to the agreement with the seller and your dad, or to the mortgage that your dad took out when he bought the home? The agreement with his seller no longer matters, unless the seller was the one who took back the mortgage from your dad. You can check the mortgage to find out if it has "due on sale" prohibition or not.
Often, when a mortgage continues to be paid, the mortgage holder will not accelerate the loan [demand that it be paid in full immediately]. The mortgage holder would be concerned only if your credit is not good and there are liens that would attach to the property once you are the legal owner.
If you no longer have the quit claim deed or it is not recordable, you will have to administer your father's estate in the Office of the Register of Wills for the County where he resided at the time of his death.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
