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Questions Answered by Bruce Martin Broyles
2 Answers | Asked in Land Use & Zoning and Tax Law for Ohio on
Q: Just took a walk on my property (OH). My neighbor chopped down a bunch of my trees and destroyed the boundary line fence
Bruce Martin Broyles
Bruce Martin Broyles
answered on Jun 25, 2022

I agree with Attorney Jaap, but would add that a boundary line dispute if it goes to litigation will result in your neighbor paying some of the costs, and ornamental trees damages are trebled.

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1 Answer | Asked in Civil Litigation for Ohio on
Q: My boyfriend walked out of our 6 yr relationship and moved out of my house. I own it. This was over 3 months ago.

He never left my property. He is staying in a camper in my yard. We have no agreement of any kind yet he refuses to leave. I live in Ohio and need him gone. This is causing me terrible stress and raising my blood pressure. Do I have to evict him although there is no lease agreement?

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 18, 2022

Yes, you should evict him. He does not have a oral lease for a period of term. He is a person with no interest in the property and he can be served a three day notice and a complaint for forcible entry and detainer should be filed against him. If you call the police they will typically say it is... Read more »

1 Answer | Asked in Contracts for Ohio on
Q: I recently signed a roofing proposal for a company to replace my garage roof in Ohio 2 days ago. Can I cancel contract?

I have not paid any money to the roofing company yet. I know Ohio has some type of Buyers Remorse Law. So, I am really just curious if I can just cancel this roofing contract without any legal ramifications?

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 18, 2022

Most likely the Home Solicitation Sales Act would apply, and it requires the contract to provide you with notice of your right to cancel. The contract should also provide you with a form Cancellation. Send that form in to cancel.

If no notice given then you can cancel at anytime, but...
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1 Answer | Asked in Real Estate Law for Ohio on
Q: My ex husband just passed. My name is on the deed of the house but not on the mortgage. We never did a quick claim deed.

Would I have any claim to the house?

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 4, 2022

Sorry for your loss.

The lender who hold the mortgage should treat you as a successor in interest and continue to accept payments on the mortgage from you as well as discuss loss mitigation options with you if you have fallen behind as a result of your husband's recent passing.

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Ohio on
Q: How long does HUD have to release a lien after paying off a partial claim?

I had a HUD partial claim with NOVAD. I recently refinanced and my lender paid off the partial claim as part of the refinance. The title company advised me that the check was cashed by NOVAD on 10/25/2021. It is now 12/24/2021. I have not received any official correspondence from NOVAD or my lender... Read more »

Bruce Martin Broyles
Bruce Martin Broyles
answered on Dec 25, 2021

Ohio requires a satisfaction of mortgage to be filed 90dsys after payment

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: Wage garnishment over “loan” between family w/ no contract, only told pay when/if you can. Help please

Hi, I have a question regarding money given between family. My grandpa gave me around 3k to help with our back rent. There was no contract or anything signed between us. He just said, “pay it back when/if you can”. Now he passed away recently & his daughter is threatening to garnish my... Read more »

Bruce Martin Broyles
Bruce Martin Broyles
answered on Dec 16, 2021

A loan does not entitle a person to garnish your wages. They would have to obtain a judgment against you, and garnish wages based upon the judgment obtained against you.

Even if a judgment is obtained and garnishment is attempted, social security, disability, and retirement benefits are...
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2 Answers | Asked in Elder Law, Real Estate Law and Public Benefits for Ohio on
Q: House & mortgage in both names. Does dad need POA to put house in his name only since she is in nursing home with Alz?

Mom has Alzheimers and is in nursing home. How does dad go about changing deed to his name only?

Bruce Martin Broyles
Bruce Martin Broyles
answered on Dec 14, 2021

Your mother is not capable of executing any document. In order to transfer real property most likely a guardianship will have to be placed by the Probate Court. Your mother is in a nursing home, so unless the assets of your parents are already protected, they will be required to spend down their... Read more »

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2 Answers | Asked in Elder Law and Real Estate Law for Ohio on
Q: My mother and I own a home jointly with a survivorship. My mother passed away, Can medicaid take my home?
Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 15, 2021

In my limited experience with Ohio's Medicaid recovery unit they made it appear that they would place a lien on the house but not attempt to execute on the lien until the title transfers through an estate or sale.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: Does having Appraisal gap nullify appraisal contingency ?

Does having Appraisal gap nullify appraisal contingency ?

As a buyer, I have an appraisal contingency of walking out from the offer if the appraisal is less than contract price.

However, i also have an appraisal gap of bridging the cost upto a certain amount.

I have changed... Read more »

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 12, 2021

To be certain an attorney should review your purchase agreement. Most that I have seen allow you to terminate the contract if the appraisal comes in lower, but you usually have to notify the seller that you are terminating the contract within a specific amount of time

1 Answer | Asked in Consumer Law, Contracts and Collections for Ohio on
Q: Stop payment on plumbing service

Our basement flooded and we received an estimate for work. We signed the estimate and we’re told it was “no problem” if we changed our mind. We told the company we were getting other estimates and to stop all work. They did an hour of work. We received other estimates that were 75% LESS than... Read more »

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 26, 2021

Many credit card companies provide you with an option to dispute any charge on your card.

As soon as you dispute the matter, the credit card company with "chargeback" the amount from the Plumbing Company. The credit card company will then attempt to resolve the issue and...
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1 Answer | Asked in Civil Litigation for Ohio on
Q: Been talking to a girl here for a few months she's 17 and 6 months out from 18, parents don't approve

I want to be with her to as she's done alot to catch my attention how should I proceed? I'm in Ohio and the age of consent is 16 and I'm a bit confused on how that works exactly any help or advice would be much appreciated

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 20, 2021

You are a creep. To ask this question you know its wrong regardless of whether it is legal. You should obey her parent's wishes until she has completed school and has started her career. Career is not a part time job

1 Answer | Asked in Real Estate Law for Ohio on
Q: In Oct. 2019 we purchased an older home that was completely updated & have issues…

We’ve recently found out the final building inspection wasn’t done or approved by the City, have found flooding issues in the garage and discovered the plumbing vent for our master bathroom was never connected at all. None of this was disclosed to us and is not on any paperwork we signed. Not... Read more »

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 9, 2021

Your recourse against the sellers/flippers most likely will not exist. They did not reside in the house and therefore would not be required to complete a seller's disclosure statement. More than likely you had no communication directly with the Seller/flippers and therefore no fraudulent... Read more »

1 Answer | Asked in Contracts, Civil Rights, Education Law and Small Claims for Ohio on
Q: Can my private university mandate me to get vaccinated after I’ve been accepted, paid money, and told me that I don’t?

They told us we did NOT have to get vaccinated then an hour later told us that we DO need to get vaccinated against COVID-19. I was accepted for a month and a half with a down payment before I was informed that I needed to get the COVID vaccine, so now it’s crunch time and I either get the shot... Read more »

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jul 26, 2021

I have not personally looked up the resources, but it is my understanding that the vaccine has not received final approval from the FDA.

The emergency use of an unapproved medicine is covered by 21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies. A...
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2 Answers | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Probate for Ohio on
Q: I lived with my fiancé for 17 years. We ran a business together out of the house for the last 11 years. She died.

She left the house to her sister. I knew that. However, they took the business name and accounts and took control of the business PO Box and all incoming checks and entered them into probate in Greene Co. Ohio. I subsequently had to file all necessary paperwork and obtain a new federal EIM and new... Read more »

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jul 19, 2021

If there was no agreement between the two of you, then you formed a partnership. In Ohio a partnership is formed based upon an agreement to share expenses, liabilities and profits. All of the business items should be returned to you as the remaining partner. All of your personal property should... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: In Ohio, how soon after a COA annual meeting should the board distribute the minutes?

Our condo board (in Ohio) maintains that they do not have to publish annual owners meeting minutes until the notice of the following annual meeting. This is a year from now and will reduce transparency and accountability in the meantime. We expected to be able to review these minutes after two... Read more »

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jul 16, 2021

The Owners Association is governed by Ohio Revised Code Chapter 5311. The Association is controlled by the Board of Directors, and the Board is governed by the Association's by-law. According to R.C. 5311.08 the by-laws can determine:

These rules may govern any aspect of the...
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2 Answers | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: My fence is 6" inside the property line. Can I stop my neighbor from connecting to it? How close can he build to it?

My fence was installed prior to current neighbor living nextdoor. Original neighbor did not want fence so I specifically had it built inside the property line. Now the current neighbor wants to connect to my fence. I do not want to ajoin. If I say no, how close can they install a new fence on the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jul 15, 2021

You need to check first with your local zoning ordinance. There should be a provision regarding fences and set back from property line. Your fence may be in violation of the set back rules. Allowing your neighbor to connect to your fence may be less expensive than removing your fence and placing... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Seller backed out of real estate contract at closing, what can I do as a buyer?

I was under contract on a property set to close on 6/14/21. As the buyer, I fulfilled all requirements per the contract. My down-payment and closing fees were wired and waiting at title office. When I arrived at the title office for closing I was informed by my realtor that the seller did not sign... Read more »

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jun 17, 2021

File a complaint for specific performance.

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1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: I have paid a contractor 14000.00 to put up a vinyl fence. They did not cement the pillars in the ground and my fence

Is not stable. Plus it's not straight and the gate does not lock cause the hasp and locking piece dont line up. Tried to get him back to look at it and he never shows

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 20, 2021

When the contract was written did the contractor give you a written notice of your right to cancel the contract within 3 days. If the contractor does not have a storefront or a building where you can view his work, then he is subject to the Home Solicitation Sales Act. Without a three day notice,... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: What rights do we have to take possession of our new house per contract?

We are closing on our new home and the seller has her daughter living there on a month to month lease. She gave her a 30 day notice to vacate On March 2 and again on April 1st. The contract is signed by both the seller and us that we take possession 5 days after close. If the daughter has not... Read more »

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 27, 2021

If the month to month lease was recorded you would have constructive notice of the lease. As it is, you have actual knowledge that a month to month lease existed, and was terminated by giving a thirty (30) day notice of cancellation on March 2, 2021. As of April 1, 2021, the tenant no longer has... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Loan has been in default since 2009. Have had sparse contact with anyone about this. Can they foreclose on my property?

I’ve informed them of the statute of limitations. He threatened foreclosure on the phone to me.

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 7, 2021

The statute of limitations for a claim on a negotiable instrument under Ohio's version of the UCC is 6 years. However, each missed payment restarts the statute of limitations, unless the loan has been accelerated. If the loan has been accelerated, then the lender has six years within which... Read more »

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