Can land be transferred to another party by the lienholder only, with out the signature’s of the titled owners?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can land be transferred to another party by the lienholder only, with out the signature’s of the titled owners?

The township needed to widen the road out front of my home for winter maintenance. My lienholder signed over 16 ft to the township, well the road is a disaster, I now have unsafe steps that their contractor put in as my only way in and out because they built up the road about 3 feet. I didn’t need steps before they dumped all this shale, now where I park is elevated with no barrier, their contractor built a tie wall that holds back surcharge, 2 parked cars without a permit, nothing done is to code. I was told all this would be done properly in exchange for the land. Do I have any recourse?

Asked on August 9, 2011 Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A person solely holding a lien on one's real property evidenced by a trust deed or a mortgage has no ownership interest in the real property secured by the lien. As such, the lien holder to the land secured by the trust deed of mortgage has no legal right to transfer any interests in the real property to anyone.

In your situation, unless you signed some document to be recorded to your township transferring the sixteen foot wide strip of land that was also signed by the lienholder as to your real property and it was recorded with your county recorder's office, the document given to the township coveys no interest in your property from what I see.

I recommend that you contact a real estate lawyer to consult over this siutation.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption