Legal Question in Real Estate Law in Pennsylvania
Return of escrow money
A freind and I bought a house together,there was never a written agreement, only verbal, that we split all 50/50.
After one year the freind moved out I continuned to occupie the home and pay 100% of all.
I decided to sell,so I moved out and the home was on the market for 16 mos. before sale.I continued to pay 100%
At settlement the freind got 50% of sale profit. Now freind wants 50% of escrow $.
The Mortgage co. sent the check to me with both names on it. I signed freinds name and cashed check.
Freiond now wants to sue me in sm. cls. court for 50% of money.
I say freind ows 50% of mortgage payments for the 16mos home was on the market.
who's right
1 Answer from Attorneys
Re: Return of escrow money
If your friend sues you make sure you have proper documentation of the costs you incurred. It appears that you have more equity invested are entitled to a higher split.
Small claims court can be very informal, be prepared to defend your position, if you lose you can always appeal. By signing your friend's name to the check, you commited a fraud, this does not look to the court and you may need to provide a defense to this potential cause of action. If you have any questions and are located in the Pittsburgh area, call my office for a free initial consultation.
Brandon Barnett, Esq.
412-916-1677
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