REAL ESTATE ATTORNEY

MICHAEL DAIELLO

As a real estate attorney to property owners, Michael Daiello helps resolve disputes and avoid costly mistakes.

Solutions for Property Owners

Property owners never want to become involved in a real estate dispute. Real estate disputes can be one of the most stressful and emotional types of legal disputes. Our practice helps property owners resolve disputes that create stress and uncertainty.

Unresolved disputes can cost property owners time and money. Property rights can even be lost if a legal issue or dispute is not promptly resolved. It is always best to act quickly to avoid a problem than to resolve a dispute through a legal lengthy legal proceeding.

Here are some of the problems we can help you resolve:

Title and Ownership Problems

  • Theft of real estate and deed fraud
  • Fraud or deception involving a property
  • Incorrectly transferred property
  • Defects in the chain of title
  • Deed problems
  • Partition of jointly owned property
  • Quiet Title lawsuits
  • Unsatisfied liens and mortgages
  • Guardianships for incapacitated property owners

Disputes Involving a Property

  • Broken real estate agreements
  • Contractor disputes or walk-offs
  • Property manager mismanagement
  • Predatory slip and fall / injury claims
  • Partnership disputes

Enforcement of Your Property Rights

  • Ejectment of squatters and unauthorized persons
  • Adverse Possession / 21 Year Rule disputes
  • Right of Redemption cases
  • Legal issues with tax sale properties
  • Boundary encroachments
  • Easement disputes
  • Restrictive covenant disputes
  • Commercial lease disputes
  • Commercial evictions

Problems Discovered after Purchase

  • Denial of a warranty or insurance coverage
  • Concealment of a defect in a purchased property
  • Defense of a Conservatorship Petition/ Act 135 cases
  • Dispute with a condo or homeowner’s association

Call us for help with your real estate problem.

Whether you are a homeowner, heir to an estate, developer, investor, or business owner, we help avoid mistakes and resolve disputes.

Fight for your Property Ownership Rights

Real estate fraud is a major problem in the City of Philadelphia. Owners of unoccupied properties are especially at risk. We know there are times when you need to stand up for your property ownership rights. Unscrupulous people may file a fraudulent deed, assert an easement or argue over your boundary line.  

A “Quiet Title” action is a lawsuit against another person to resolve a challenge or claim to the title. A typical ground for complaint includes the fraudulent conveyance of a property, perhaps by a forged deed or under coercion. If you believe you have been the victim of deed fraud or other dispute, it is critical to act quickly to protect your rights.

Protection for Rightful Owners of Abandoned Property

A person who occupies a property without permission of the owner may take legal title after twenty-one years. The legal term for this kind of “squatters right” is Adverse Possession. It is not enough that the possessor merely occupy for twenty-one years. The possession must be actual, continuous, exclusive, visible, notorious, distinct and hostile.

The only legal way to obtain title by adverse possession is by filing a legal case and issuance of a final order granting legal title to the possessor.

Remove Squatters and Trespassers

A person who has no lawful right to reside in a property and does not have an oral or written lease agreement must be ejected. This kind of person is also called a “squatter” or “holdover.” An ejectment action is a lawsuit to remove someone from a property when there is no lease agreement in place. The ejectment process is highly technical because it requires an appearance before a judge and knowledge of the Pennsylvania Rules of Civil Procedure.

Justice for Broken Agreements

Disputes of all types can result any time a real estate investment or property sale is involved. Legal cases are usually the result unless the dispute is covered by an insurance policy. A few common disputes include contractor walk-offs, failure to buy/ sell after signing, property manager mismanagement and more.

Right of Redemption Disputes

A homeowner who fails to pay real estate taxes may lose the property to a sheriff’s tax sale auction. But Philadelphia properties can be redeemed within nine months if the property is not “vacant” as defined by the law. The Right of Redemption creates uncertainty for the purchaser of the property and opportunities for the former owner.

Settle Boundary and Easement Claims

A property line dispute can result for many different reasons. Two of the most common are disputes over where to place a fence and regarding the location of a structure such as a shed. A property owner can permanently lose ownership of a section of their land if they allow an encroachment to exist for a long period of time.

It is also possible to obtain permanent access rights to a property known as an easement. Easements can be obtained by an agreement, but also through twenty-one years of continuous hostile use.

TESTIMONIALS

“Initially me and my partner had some title issues that needed to be resolved before we could purchase a property that we had shown interest in. Mr. Daiello was very personable and had a wealth of knowledge when it came to our real estate needs. Michael Daiello helped boost our business gross income and also helped with keeping things on schedule and clear cut when dealing with title issues. If anyone was on the fence about finding a good firm to utilize, I would tell you that Michael Daiello is by far one of the best attorneys I have ever had the pleasure of doing business with. He is not only a well-seasoned attorney but also a honest individual!”

“Thank you so much for your assistance, it was greatly appreciated! Job well done!!”

REAL ESTATE CASE STUDIES

Home Recovered for Swindled Elderly Man in Philadelphia

Justice was found for an elderly South Philadelphia gentleman who was swindled out of a property which he owned for many years. Our client is an 86 year old man who was approached by two defendants offering to buy his property. According to our client, the defendants came to him with a brown paper bag containing $4,000 cash. After a brief discussion, the defendants gave the money to him as an initial down payment towards the full purchase price “to be decided later.” Unfortunately, the elderly gentleman never saw another dime despite the property being worth an estimated $150,000.

The case proceeded to trial after unsuccessful settlement negotiations. The defendants testified during the trial that our client “gifted” the property after payment of the $4,000.

Court of Common Pleas Judge Eugene Maier found in favor of our client. Judge Maier stated in his findings that the defendants’ testimony that the property was a “gift” was not credible and was totally without merit. The Court ordered the Recorder of Deeds to file a new deed recording our client as the sole owner of the property.

If you or someone you know has a legal problem, call for a free case evaluation at 484-690-4613 or message us on Facebook.

Disclaimer: While we’re proud of our past victories, please note that past results are not indicative of future results and each case is unique.

Philadelphia Resident Transforms An Attempted Eviction Into Huge Settlement

A lifelong resident of Point Breeze received a large settlement after his own son tried to evict him from his own home.

An elderly man worked hard at his blue collar job throughout his life.  30 years ago, his son won a mortgage lottery qualifying him for a home mortgage. The father had some savings for a mortgage down payment but lacked the credit needed for a mortgage. So, the father and son made an oral agreement where title to their home was placed in the son’s name, but the father paid the down payment.  They also agreed to split the mortgage payments. As it turned out, the father ended up paying most of the mortgage for 30 years while the son lived out of state. Unfortunately, the father never asked the son to transfer the deed to his name even though he took on the mortgage.

In an act of shocking betrayal, the son attempted to sell the house out from under the father, keep all the proceeds for himself and force his father out on the street.  

We represented the father to stop the eviction and force the son to share the proceeds of the sale. After a hard fought battle by the father, our firm helped him stop the eviction and force the son to share the proceeds of the sale. The son decided not to risk open court against this solid case against him, and he settled the case.    

Our client used his share of the proceeds to purchase his own new home. He is currently living in his own home with his wife and daughter.

If you or someone you know has a legal problem, call for a free case evaluation at 484-690-4613 or message us on Facebook.

Disclaimer: While we’re proud of our past victories, please note that past results are not indicative of future results and each case is unique.

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MICHAEL DAIELLO

ATTORNEY

As a real estate attorney to residential and commercial property owners, I help my clients avoid costly mistakes and resolve legal disputes. It is always better to avoid a costly mistake than it is to resolve a legal case. I provide sound guidance so that you can avoid pitfalls and focus on your passion – not legal cases. But if a dispute is unavoidable, I am an aggressive advocate for your real estate and business interests through litigation and trial.