Category: Real Estate / Property
Property Protected from Creditors – Lender Be Aware, Debtor Be Prepared
It is of course, preferable to not be sued, and if you are sued it is obviously better to win your case and not have a judgment entered against you. The judgment itself is bad for your credit, but the execution proceedings that may follow… Continue reading
Co-Ownership of Property: Title Matters
When more than one person owns property they are referred to as “co-tenants”. How co-tenants own the property can vary – and can determine what happens to the property when one of them dies or when a creditor comes after the property to satisfy a… Continue reading
Landlords, Dog Bites and Personal Injury Liability
Yes, a landlord can be liable when a tenant’s dog (or other pet) attacks or bites someone. Each day about 1,000 U.S. citizens require emergency care for serious dog bite injuries. As a result, there are a growing number of lawsuits stemming from dog incidents… Continue reading
Entity Choice for Holding Real Estate in Pennsylvania
Everyone agrees that the average landlord or real estate developer is well-advised to hold real estate in a legal entity. The benefits of limited liability are too obvious to discuss. However, the question of what limited liability entity to hold the entity in is a… Continue reading
Real Estate Assessment Appeal Deadlines
It is real estate assessment appeal time again. The assessment appeals deadline for the upcoming year is fast approaching. The due date for Montgomery, Chester, Bucks, Lehigh and Delaware Counties is August 1, 2017. For Berks County the deadline is August 15, 2017. If you… Continue reading
Maximizing Landlord’s Recovery after a Default
Our firm frequently represents landlords regarding leases that are in default. Usually the landlord’s object is clear, recover the property as soon as possible and make it productive again. Sometimes however the goal is more complicated and the landlord’s options other than pursuing a straight-forward… Continue reading
The “Subsequent Repair Doctrine”
Suppose a pedestrian is walking along the sidewalk in front of your house and trips over a large crack in the sidewalk, sustaining serious injury. The pedestrian sues you, claiming your failure to maintain the sidewalk was the proximate cause of the injury. Upon inspection,… Continue reading
Delaware County Reassessment
In January 17, 2017 , Judge Burr of the Delaware County Court of Common Pleas ordered a county-wide reassessment for all real property in Delaware County. The County has been using 1998 “base year” values for all properties, which certain taxpayers alleged was no longer… Continue reading
Enforcing Judgments Against Personal Property
If you bring a lawsuit and obtain a money judgment against someone, the judgment itself does not require him or her to actually pay you. If the defendant does not pay you voluntarily, you would still have to seek the court’s help to enforce your… Continue reading
Protection from Mortgage Due on Sale Clauses
Mortgages almost universally have “due on sale” clauses in the event that a mortgaged property is transferred, which require that the entire “accelerated” balance of the mortgage be paid at the time of the transfer. This is fine in the case of a sale of… Continue reading