Legal Question in Real Estate Law in Pennsylvania

Hi. I recently lent my son $70,000.00 to purchase his first house. I drew this money on a home equity line of credit on my personal residence. He bought it as a forelosure and now holds the tiltle free and clear. The plan is for him to secure a home equity loan on the property (currently appraised at 108,000.00) next spring to pay me back in full. What can I draft for him to sign in the meantime to protect my investment? My concern is if for some reason he gets hurt or laid off, and can't make the payments back to me.

Thank You,

MIchele Skelton


Asked on 12/27/10, 12:54 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Now, not later, you should have a note for the full amount of your loan in which he says that he owes you the money, the interest rate, how it will be repaid [monthly installments? interest only until a certain date? all at once?] and when the total is due. He [and anyone with whom he holds title] should also sign a mortgage and you should record the mortgage in the land records for the county where his house is located.

You'll want to involve a lawyer to help, because you want to be sure that both of those documents have all of the essential terms and are properly recorded. Without that, you will be unprotected.

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.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 1/01/11, 1:44 pm


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