Legal Question in Real Estate Law in Pennsylvania

Property that was given to my daughter

My parents passed away (2000-2001) leaving their home to me and my sister. My Daughter moved in to maintaine the home. A few years later her boyfriend moved in with her. My sister wanted to sell the home, so I agreeded to give my half to my daughter. My daughter and her boyfriend would finance the balance owed to my sister. When we all went to the closing the loan company said that the deed would have to be put into only his name, that to put it into my daughter name would be to legaly complicated. The loan was but into both names. He even finianced the amount that was given by me to buy a Hummer, Tahoe, Harley , Four wheeler, boat and hot tub. So that is still on the home mortage. Since then my daughter has been diagnoised with a rare cancer and move back in with us. Her boyfriend refuses to give up his playtime to take care of her. He would only allow her to take her personal items since the break-up.He will not allow her to have all the items that my sisiter and I left of our parents for my daughter to use. He said that all the items came with the sale of the house. What rights does my daughter have to get that is rightful hers, or is she out of a home and all of her grandparents memories.


Asked on 5/14/07, 11:43 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Property that was given to my daughter

You asked about a problem with a deed and loan on a sale of real property.

Unfortunately you got very bad advice from the loan provider. It is pretty obvious that you did not have an attorney represent you at the closing. You possibly have substantial and valid claims against both the loan company AND the boyfriend.

You have my best wishes that your sister pulls through. But you will have a fight on your hands and one that I truly hope you will prosecute. The question is how much of a fight can you make without causing further harm or stress to your sister.

Hire an attorney and place liens (lis pendens) against everything until this matter is settled.

Hopefully your sister will get better and will benefit from having seen what a jerk this guy is. She also needs to create an estate plan. Just in case the matter lasts longer than she does I think that the matter should be prosecuted until resolved rather than end on her death.

And again, I truly hope for the best. the most important thing is that she gets well. But getting the satisfaction of showing this weasel for what his is should also be high on the list.

Regards,

Roger

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Answered on 5/15/07, 1:50 pm


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