The Short Answer

In Pennsylvania, a co-owner generally cannot validly mortgage or refinance your ownership interest without your consent—but they may be able to sign a loan that encumbers their share, and a recorded mortgage can still create serious title and sale problems. If this happens, you may need a lawyer quickly to evaluate whether the lender has a lien, whether it can be challenged, and how to protect your inheritance before a sale, foreclosure, or partition fight escalates.

What Pennsylvania Law Says

When inherited real estate ends up in multiple names (often as tenants in common), each co-tenant typically owns an undivided share. A lender should not be able to obtain a mortgage lien against an interest that the borrower does not own. However, lenders and title companies rely heavily on the public recording system—so a mortgage that gets recorded can cloud title, affect refinancing/sale, and trigger litigation even if it ultimately should not bind you.

The Statute

The primary law governing how mortgages become effective against real property interests (and how priority is determined) is 42 Pa.C.S. § 8141.

This statute establishes that mortgages generally take priority from the time they are left for record—meaning recording can have major real-world consequences for co-owners when an unexpected mortgage appears in the chain of title.

If your situation is tied to an estate administration issue (for example, whether an estate decree or other estate-related interest was properly recorded), another statute that can matter in priority disputes is 20 Pa.C.S. § 3126, which addresses when certain estate-related decrees can be void against later bona fide grantees or lienholders if not timely recorded.

For more background on co-owner disputes involving inherited homes, you may also find these helpful: How refinancing and a buyout work when you co-own a home in Pennsylvania probate and Rights of tenants in common in Pennsylvania.

Why You Should Speak with an Attorney

Even if you believe the loan was “without your approval,” the legal and practical fallout depends on details that lenders, title insurers, and courts treat very seriously. Legal outcomes often depend on:

• Strict recording and priority rules: Under 42 Pa.C.S. § 8141, a mortgage’s recorded status and timing can affect priority and what must be paid off at sale—even while you dispute whether it should attach to your interest.
• Burden of proof and documentation: Whether the co-tenant had authority (or appeared to have authority), what the deed says, what the closing documents say, and what was recorded can determine whether the lien is limited to the borrower’s share or whether you must litigate to clear title.
• Exceptions and estate-related recording issues: If the property is still in an estate/transition phase, recording problems can affect whether a later lienholder is treated as “bona fide” under statutes like 20 Pa.C.S. § 3126.

Trying to handle this alone can lead to a clouded title that blocks a sale, forces you into a rushed settlement, or creates foreclosure/partition leverage for the other side. A Pennsylvania probate/real estate attorney can review the deed, estate status, and recorded mortgage, then advise on the fastest path to protect your share and resolve the lien dispute.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.