Pennsylvania law: My late husband owned a property prior to our marriage. Deed and mortgage were (are) both in his name only. Never got around to changing things during our short marriage, then he died. I emptied the house and moved on. I never paid a mortgage payment after his death 3 years ago, since he was upside down on his mortgage due to, in my opinion, predatory refinancing lending.
Ten months after he died a letter came from a law firm stating they were going to begin the forclosure process. They never did that and no further letters ever came from them, no notices, no nothing. And I do stil receive the occasional piece of mail addressed to my husband, so if something was mailed I would have gotten it.
The property has been sitting vacant with no one in or out for three years now. Recenlty I've read about lenders who "walk away" from a property. This led me to research the whole thing. I've established the property is still listed with the county in my late husband's name. Research also indicates to me that per the Pennsylvania Intestate laws, the property is (and has been) mine, and that ownership is by Tenants in the Enitirety. (The PA law says that a spouse automatically takes ownership by this means in cases of intestancy.)
If I am reading correctly, the Tenant's in the Entirety means the property cannot be taken for a debt in one spous's name only. Could this fact, along with the poor real estate market be the reason the lender has abandoned the property? Would the fact that the loan was made prior to the marriage and prior to his death affect this?
Also, am I legally entitled to rent out the property at this time? What about selling it? How would I go about getting a deed to convey to a buyer?
Whether I would rent it or sell it, I will incur expenses and I do not want to "throw good money after bad" here.
Thank you so much for your answers. I enjoy reading at this site!
Deeana in Pittsburgh, PA
Anyone ever experience anything like this before?