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Andrew J. Monastra has been solving complex real estate issues all across Pennsylvania since passing the bar in 1991, and he doesn’t plan on stopping any time soon! His passion is providing experienced, expert advice in the field to clients who are looking for someone they can trust when it comes down to crunch-time decisions about their property, whether it be residential commercial.
Andrew is an acknowledged peer leader in easement law. In simple terms, an easement is a right that some other party has on your property. An easement “burdens” your property (as in someone has the right to access their property through yours) and “benefits” the property of another (as in they get to go through your property). An easement, properly done, is a condition that “runs with the land” in perpetuity. You need an experienced real estate attorney to draft the easement or right of way, as Mr. Monastra has spent countless hours correcting the problems the general practitioner created.
One of the simplest, and sadly one of the most frequently poorly prepared by the general practitioner, is the basic deed transferring property from one party or another. The most common mistakes are failing to consider the following:
Is there a mortgage or judgment against the grantor? Failure to consider these may put you in default of your mortgage or be subject to judgment. MG Law requires title searches on all deed transfers to address these issues.
Does the deed transfer cause the imposition of a realty transfer tax? Our experienced lawyers can identify these taxable transactions and often can suggest methods to reduce or eliminate the imposition of transfer tax in a legally acceptable manner.
Will the deed transfer cause the imposition of Federal Gift Tax? The experienced estate and real estate attorneys at MG Law can suggest legally permissible tax strategies to eliminate the Federal Gift Tax.
Are the parties getting divorced? If they are and there is a mortgage on the real estate, your deed transfer does nothing to remove yourself from responsibility under the note and mortgage you both signed. Sadly, many general practitioners prepare deeds without addressing the issue of releasing you from liability. At MG Law, we transfer property several times weekly and can anticipate and handle possible complications to create a smooth, secure transfer of real estate.
Will the deed transfer create a potential burden on the grantor in the event they need Medicare to pay for their nursing home care? Our attorneys work together to identify the potential Medicaid issues in the transfer and help their clients make an informed decision whether to transfer the property.
Whether it’s a Victorian home in Pottstown, a hunting cabin in McKean County, a franchised hotel, a vacation home in the Poconos, or a nationally franchised restaurant, Mr. Monastra has either represented it, negotiated it, insured it’s title or served as lender counsel in conjunction with it.
Buying or selling a house? MG Law can assist you in the selection of a qualified realtor or lender, or if you choose to purchase without a realtor, can prepare all the necessary contractual documents required to convey or acquire the property (at far less than the real estate commission).
Commercial Investor? MG Law has you covered. Andrew J. Monastra, with his extensive title knowledge obtained from examining over 25,000 titles across the United States, is well equipped not only to understand the issues contained in title searches on real estate, but to convey the necessary knowledge to the investor in everyday language.
Are you a lender or financial institution? For the majority of his legal career, Andrew J. Monastra has served as national review counsel for financial institutions, prepared loan documentation in residential (FNMA) transactions, as well as full loan documentation packages for complex commercial transactions.
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