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answered on Apr 8, 2023
R.C. 2909.07 No person shall ….. (3) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker;
The original survey is the act of marking the... View More
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answered on Apr 8, 2023
Your declarations and by-laws will most likely address the issue of the retention pond. Most likely it is characterized as part of the common area. Your annual assessment should be based upon anticipated expenses and maintenance of the retention pond if defined as a common area would be included... View More
We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... View More
answered on Aug 10, 2022
I just reviewed a few mortgages and the death of a borrower would not result in the acceleration of the loan under the terms of Ohio-Single Family Fannie/ Freddie Mac UNIFORM INSTRUMENT. Pursuant to 12 CFR 1024.38 a transfer as a result of death by will or operation of law results in a successor... View More
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.
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?
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... View More
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?
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... View More
Would I have any claim to the house?
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.
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... View More
answered on Dec 25, 2021
Ohio requires a satisfaction of mortgage to be filed 90dsys after payment
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... View More
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... View More
Mom has Alzheimers and is in nursing home. How does dad go about changing deed to his name only?
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... View More
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.
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... View More
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
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... View More
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... View More
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
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
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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