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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2736
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About 15 yrs ago, PennDot took some of our property for road

Customer Question

about 15 yrs ago, PennDot took some of our property for road expansion. My husband disagreed with the compensation offered. PA took ownership of the property claiming eminent domain and placed the funds into a bank account. We hired a lawyer, but needed to prove that we were the true owners. Since we had re-financed, we needed to prove that our loan was paid in full. We could not locate that paperwork, but now, many years later, I found said paperwork. Is there any thing that I can do now? Please advise. Thank-you
JA: Has any paperwork been filed?
Customer: I am not completely sure, since my husband handled this matter.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think I have sent everything in my three messages.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 11 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 11 months ago.

Did you receive and use the funds from the bank account?

Customer: replied 11 months ago.
No, we could not retrieve them without the proper documentation.
Expert:  Damien Bosco replied 11 months ago.

Hi Johnnie: It would be an tough battle for you. It has been a while, so we would not be surprised if someone claimed it is beyond the statute of limitations. You would have to argue that the statute of limitations did not commence or was tolled because the money was in effect still in escrow and did not run until you obtained the proof. However, in PA, the statute of limitations period regarding challenges to just compensation begins when a payment is made or deposited into court and the statute of limitations last 5 years. Others plaintiff's like you have lost similar battles. So it could be a tough battle.

I understand this is not quite the answer you wanted to hear; but it is better for you to know your chances than not to know them. We can continue to discuss if you would like to do so.

Expert:  Damien Bosco replied 11 months ago.

Hello Johnnie: Just following up. I know my answer was not exactly what you wanted to hear. But is it better to know what is expected in this situation. I hope that I have provided excellent service. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars for the service I provided to you. Best regards. If you have a follow up question, just let me know.