Legal Question in Real Estate Law in Pennsylvania
I am in a messy situation and need a plan of action. Last year we moved into a home in my grandmothers name. My parents credit is bad because we just closed on a short sale that was in their name. The deed is in my grandmothers name but my father pays the mortgage faithfully every month. Now my grandmother has decided to show her ytur colors and is trying to sell the home out from under us. She threatened eviction. Can she even do that? And what can we do to stop her? There must be a way
1 Answer from Attorneys
When title to real property is recorded in the name of X, it does not matter that Y has been paying the mortgage loan all along and the law will favor the record owner. When your father started paying the mortgage loan on the property that is in your grandmother's name, they should have entered a written agreement that would give your father the right to say who would occupy the property. As it stands now, your father has been paying the mortgage loan each month, but he does not have any say in selling the house or who can occupy the property. Therefore, as harsh as it may sound, your grandmother who holds title to the property and is the record owner has the right to sell the property.
Depending on how long your father has been paying the mortgage each month, he could file a lawsuit against your grandmother and claim that he has a right to reimbursement for all amounts he paid, but that still would not stop your grandmother from selling the property. It would only reduce the amount that she would receive upon sale, assuming that your father's lawsuit for reimbursement was successful.
I am sorry for being the bearer of unpleasant news, but I would be doing you a disservice if I told you anything that was less than the truth and lead you into a false sense of security.