Legal Question in Wills and Trusts in Pennsylvania
Changing a deed, putting land into trust
My parents and brother purchasced land together with all names on deed. My brother and his wife got a mortage for land and wanted to refinance at a lower rate. They then found out the deed had been changed with their names taken off, and the land in my parents name, put into a trust. The bank is ready to forclose on the property because of ''breach of contract''. My parents refuse to change the deed, buy them out or do anything to fix the problem. What can we do?
1 Answer from Attorneys
Re: Changing a deed, putting land into trust
If all were originally in title, the deed could not validly transfer title away from them without their signatures.
If the deed taking your brother and his wife off title forged their names, they can bring an action to "quiet title" restoring their interests to them.
I'm not sure what "breach of contract" is causing foreclosure (is it a "due-on-sale" provision in the original note and mortgage, because of the change in title?).
You really should recommend that your brother and sister-in-law consult as soon as possible with an attorney experienced in real estate and foreclosure matters to help them recover and protect their interest in the property.
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