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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3876
Experience:  25 years of experience in general practice, real estate law and estate law.
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My husband is co owner of his fathers house, on the mortgage

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My husband is co owner of his fathers house, on the mortgage and the deed. His father got remarried 5 or 6 years ago and this woman has been a nightmare to my husband, his father and myself ever since. She has stolen my husbands identity and opened/charged thousands of dollars in credit card debt to my husband then turned around and did the same thing to my father in law after we confronted her and shut her down from using my husbands credit. After this she began harassing me over the years with online posts and such but recently she started taking it further. She called CYS and told them i neglect my children, the woman from CYS came in and basically closed the case immediatly once she seen that she made a false report. She started making alot of vulgar comments about me online again but they are to an extreme so much that the police are now involved and charging her with criminal harassment. She also started calling my photography clients and telling them false information so now im losing my business. My father in law wants her gone and out of the house but he wont take the initiative himself because he is afraid he will lose the home etc. So, my husband said he wants her gone and he wants to know if he can legally evict her from the home since only him and his father are the ones on the deed and mortgage? She has never been on anything and she actually moved out once before a few years back after the credit theft issue but he moved her back in. Is there any loophole we can use or is it completely legal for him to go and put an eviction notice in her hand or on the door? PLEASE help us
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Hello and thank you for your question.

They are still married? Does she have a place to live? If your father-in-law agrees she can be evicted.

Customer: replied 1 year ago.

Yes they are still married but the marriage is pretty bad. Since she has began harassing me the way she has been, my father in law has made the choice of his son, me and our children over her and she does not like that which has caused horrible backlash I'm getting now. Im sure her mother would have her move in with her, if not she would have no problem finding a place to go but she feels adamant that she is not leaving that house no matter what my father in law says to her and the only way we are going to get her out is legally.


 


My father in law is in total agreement with my husband evicting her, he just wont do it himself because he is afraid she will falsify a complaint and have him taken out of the home by the police again (she did this a few years back when he told her he was putting her things on the porch and she was to get out, a friend of hers is a sheriff and as awful as it sounds he helped her to get a PFA on him and have him removed from the house the next day after he kicked her out.


 


What would be the process we need to follow to start the eviction process on her? Our magistrate said we need to type an Notice of Eviction or Notice to Vacate and give her X amount of days to leave the property and if she doesnt then we would file charges in their office. Do we need to have the notice noterized with both my husband and his fathers signature ?

Customer: replied 1 year ago.

Also, should we ask to have a police officer or constable accompany us to deliver the eviction notice because I honestly am concerned that she will do something physical in nature once she finds this out.

Expert:  Attyadvisor replied 1 year ago.
Which county is the property located in?
Customer: replied 1 year ago.

The home is in Washington County pa

Expert:  Attyadvisor replied 1 year ago.

Thank you for your patience.

You need to start the process by providing her with written notice stating the date you want her to leave. The notice must be personally delivered to her or posted at the home. Eviction notices sent by mail is probably not enforceable. The notice does not need to be notarized.

This is a link for an eviction notice form http://www.rocketlawyer.com/document/pennsylvania-eviction-notice.rl

Is she does not leave within the time provided in the notice you will need to file a complaint

http://www.pacourts.us/assets/files/setting-901/file-71.pdf?cb=068c3e

http://www.pacourts.us/forms/for-the-public

After filing a complaint a hearing date is scheduled. At the hearing each side presents their case. If your father-in-law are granted possession she will need to leave or be removed by the Constable

This link provides an overview of the process and a sample complaint form.

http://rhol.org/csu/evictions/PA/PennsylvaniaSteps.htm

Under the circumstances it may be best to hire a local attorney to handle the process for your husband and father-in-law.

Please feel free to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3876
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 7 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you so much for all of the information you have given us. We are very grateful and I will take your advice and contact a local attorney that could possibly help us in case we would need to proceed to court. If I think of anything further that I would like to know I will most certainly contact you back for another consultation as I am extremely pleased with the way you have helped us. Thank you again and I hope you have a wonderful evening.

Expert:  Attyadvisor replied 1 year ago.

I was experiencing some technical difficulties editing my response and appreciate your patience.

You stated she is not on title or the mortgage. A local attorney will be able to advise you of any rights she may have in the property. She sounds like an absolute nightmare.

Please feel free to return to this question at anytime with any follow up questions that you may have with regard to this matter.

Thank you for using JA!
We appreciate your business.

Customer: replied 1 year ago.

Thank you again and yes an absolute nightmare is not even half of what she is to us. Honestly, what i posted that she has done is not even everything and the things she is calling me online is embarrassing to even read and very distasteful to come out of the mouth of a 41 year old woman. Not to mention she has a record the length of my car that includes a great deal of theft from things like welfare fraud to bad checks to theft of property from an apartment she had in the hud housing in our area. Its extensive and somehow she managed to get hired into our county correctional facility as a nurse. Do you know if a county will hire someone with a record that includes defrauding a state program like foodstamp benefits? I thought that to work for the county you could not have a criminal background especially something like that.

Expert:  Attyadvisor replied 1 year ago.

It sounds as though a serial killer could pass a background check in that county.

Customer: replied 1 year ago.

If she passed one, then that pretty much sums it up but honestly, I think she knows someone and that is how she got into the position. My husband wants to let them know about her history but Im not sure how legal that is and I do not want to do something to get us into trouble over her.

Customer: replied 1 year ago.

As I am looking over this eviction notice that you sent me, is there a specific way we should word the document since technically we are not a landlord? Or should it actually say landlord/tenant in the document since he is part owner of the property. Are you available to hire to write the eviction notice for us?

Customer: replied 1 year ago.

Im sorry to keep asking questions but I have just one more. Is there a minimum amount of time that we have to give her such as at least a 30 day notice or could it be as soon as 10 or 15 days?

Expert:  Attyadvisor replied 1 year ago.

Please fee free to ask me any follow up questions that you may have with regard to this matter.

 

Since she is not being evicted for non-payment of rent, 30 days Notice would be given.

Customer: replied 1 year ago.

okay thank you. Can you tell me if their is a template for this type of situation or a personal home eviction notice type of thing?

Expert:  Attyadvisor replied 1 year ago.

As attorneys we draft our own forms based on the circumstances. I provided the templates available on line for these matters.

Your attorney will be able to draft a complaint for you. The court clerk can also provide you with court forms in your county. The documents available on line are at http://www.pacourts.us/forms/for-the-public

Thank you for using JA!

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25 years of experience in general practice, real estate law and estate law.