Check the verbiage in your purchase agreement. Specifically, see if there is a contingency on affordable or your ability to obtain financing. You didn't mention this in your question, but what is the $5k number for? My guess would be that it is earnest money; some purchase agreements will... View More

Write the Trustee and explain exactly how you will be damaged (lay it out in dollars and cents) by the failure to execute their duty. This will at least put them on notice. You may still have sovereign immunity problems to getting to a verdict in your favor but it may be enough to light a fire... View More

The mechanic's lien must be recorded in the county recorder's office against the real estate on which the work was done using the proper legal description. There are very specific requirements and time limits to file a valid lien. Use the Find a Lawyer tab to retain a local real estate... View More

You must file a mechanic's lien against the property that had the benefit of the work performed. An attorney in your county can assist you with this, as different counties will have different local preferences for the forms generally required. I'm concurring with Attorney Jaap's... View More

An Ohio attorney could advise best, but your question remains open for a week. I believe the carrier could defend such a claim instead of accepting it - elements of notice, change of ownership, time elapsed, etc. But another attorney could see things differently. If you were represented by an... View More

More information is needed here, but if you ever knew or had reason to know about the moisture under the home or moisture damage, and did not disclose that on your residential disclosure form prior to sale, you can be liable. Generally speaking, property sales are "as-is," often referred... View More

There's not quite enough information here to answer fully, but it appears as though the property owner is disputing the foreclosure process. Possibly they weren't served under Civ. R. 4, or have other grounds for contesting the foreclosure itself. "Motion to stay" could mean a... View More

Typically, your agreement with the Seller should specify how much you should receive and when. Since it is only a duplex--as opposed to a large apartment complex--it is not uncommon for the amount of the security deposit to just be mathematically eliminated at the time of closing. For example, if... View More

I personally would need more information to answer this question. Did the buyer and seller have a written purchase agreement. Was there a time limit within which the buyer must move? Did the agreement set out remides for the buyer and seller in the event one failed to meet a condition... View More

To get it removed, you will have to file an eviction. But it isn't a normal eviction where you just put the belongings out on the street. Use the Find a Lawyer tab to retain a local real estate attorney to review the situation and advise you.

It is possible but difficult, especially if a home inspection would have uncovered the defect. The seller could credibly argue that the property was sold "as is" and that a reasonable home inspector would have inspected the crawl space and looked under the rug. You will need to... View More

The purchase agreement may have a provision which states that the house is purchased "as is" if an inspection is not conducted.

However, if a seller conceals items, then the lack of an inspection would not result in an "as is" purchase. A seller cannot conceal a... View More

One or the other of them might end up as the sole owner after the divorce. So that might change who you make payments to, but your payments won't change because of the divorce, and the land contract remains in effect according to its written terms. Note that the land contract should have... View More

If the full amount owed to the HOA, including finance charges, is not paid, then the HOA can record a lien and foreclose it if not paid. The judge would decide if the finance charge is allowable based on the HOA declaration and any actions taken by the HOA board of directors to implement finance... View More

Under Ohio law, a mortgage lien is a legal claim that a lender holds over a property as security for a debt. Typically, a mortgage lien does not have a set expiration date like other types of liens, such as mechanic's liens. Instead, a mortgage lien remains valid until the underlying debt (the... View More

My guess is that your question is whether you are liable for the damages. Like most things in law, the answer is "it depends". Has your neighbor complained to you about the tree or the branches? In order to establish that you were unreasonable or breaching a duty of care to the... View More

That deed is defective, and you won't be able to close the sale until it is corrected. The seller who sold the house to you will have to sign a corrective deed, have it notarized, and recorded. If you can't find the seller, you could have to file a quiet title action in court, and that... View More

I recommend that you record an affidavit of facts regarding the title of the home, then file a an action to quiet title, on the property and fraud against your ex and the notary, You can also report the forgery to the police, but you will still need to file the civil actions to remove the cloud... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2023

Ejectment, Quiet Title, Reformation of Deed are all causes of actions that need to be filed soon. A title search needs to be done first, then your lawyer needs to draft suit. When filed a Notice Lis Pendens needs to be issued then recorded. Suit against the Notary is a quick, easy claim on... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2023

If someone has forged your name on a deed and illegally transferred your property, it's important to act quickly. Gather evidence of the forgery and preserve all relevant documents and communication records. Notify the involved parties, express your objection to the transfer.