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Ohio Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Ohio on
Q: Can my Hoa charge me a fee for selling my property

This was not in the bylaws when we bought and was added without a member vote

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Hello. My landlord has put the house I'm renting up for sale, the Realtor wants to show it with me not being home.

I have serious health issues, and I dont feel comfortable with someone going in and out without me watching what's being touched. Would I b able to walk through the house with them, I am a single female, I could get someone to b here with me, and stay out the way.

0 Answers | Asked in Foreclosure and Real Estate Law for Ohio on
Q: recent mortgage payoff letter with my original borrow agreement stamped paid in full now thirty day vacancy notice

Was in foreclosure prior too then received that so stopped tryin to stop it thinkin my most recent Significant other had it in his will he had recently passed when I received it

0 Answers | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Ohio on
Q: Ohio HOA blocking Solar

My HOA is currently blocking me from getting Solar. Just in case my HOA management company is Eclipse Community Management. So if you represent them you dont need to answer.

I am trying to get them to approve putting solar on the front of the house and they do not allow solar panels on the... View More

0 Answers | Asked in Real Estate Law for Ohio on
Q: Can neighbors tree trimmers climb tree on my property, or be on my property, to trim overhang into neighbors yard?

Neighbor had my tree trimmed - there is overhang into their yard. I understand that is ok. But can those tree trimmers cross into my property my climbing the tree to trim? Can those same workers come onto my property, without my knowledge or consent, to trim the tree?

0 Answers | Asked in Real Estate Law for Ohio on
Q: Do all real estate deals require payments by wire transfer?

Was told by escrow officer that it’s Ohio state law all funds must be paid by wire transfer no certified checks or cash!!

1 Answer | Asked in Real Estate Law and Civil Rights for Ohio on
Q: if someone was looking through my windows and took photos, can i build a case on them??

the person is someone who works in the office for my neighborhood, i own the home, we just rent the land its on.

James L. Arrasmith
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answered on Jun 15, 2024

If someone is looking through your windows and taking photos, you may have grounds to build a case against them for invasion of privacy. This behavior can be intrusive and might violate your right to privacy within your own home. It's important to document the incident, including any evidence... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: How do I transfer a deed from my mother to myself? It was left to me
Joseph Jaap
Joseph Jaap
answered on May 9, 2024

It depends on exactly how she left it to you - by will, by joint ownership deed with survivorship, by Transfer on Death Affidavit, etc. Use the Find a Lawyer tab to retain a local real estate attorney to review the deed and advise you of the process to follow to make the transfer.

1 Answer | Asked in Collections and Real Estate Law for Ohio on
Q: Large collection attorney firm out of Cincinnati Ohio has placed over 30K on my credit report for a three year lease.

I have disputed tirelessly for four years. Illegal in Ohio to "double dip" someone moved into my apartment one month ( less than one month ) after I moved out and they will not remove this collection. This collection began during COVID (2020) so no attorney would even discuss with me... View More

Nicholas P. Weiss
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answered on May 6, 2024

1) Contest the debt on the three major credit bureaus.

2) If it comes back corrected, then you are done.

3) If it comes back disputed, bring an action under the fair credit reporting act.

The above only applies IF THERE IS NO JUDGMENT. If their is a judgment, then you will...
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2 Answers | Asked in Real Estate Law, Tax Law and Probate for Ohio on
Q: My mom died in Ohio and I'm executor in her Will, which doesn't list her mortgage. What happens to it? Probate required?

In Mom's Will, there is no mention of her mortgage or who inherits the house. Neither child wants it. Small, inexpensive estate and we can't find anything on life insurance. Who pays mortgage? Can I as executor sell it? Am I legally still required to pay on the house until it is sold?... View More

James L. Arrasmith
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answered on Apr 22, 2024

I'm so sorry for your loss. Dealing with a parent's estate can be complicated, especially when there are outstanding debts like a mortgage. Here's some general information, but I would strongly recommend consulting with a probate attorney in Ohio to get specific legal advice for your... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Does a Trust have to be created in the state of residency or could it be in the state where you own real assests?

I have had 2 OH lawyers say that an OH lawyer has to create my Trust since I reside in OH, but I own several rental properties and a second home in TN. The TN lawyer said he absolutely can create my trust.

Does one state trump the other or is it a free for all?

Aaron Epling
Aaron Epling
answered on Apr 22, 2024

You can probably use an attorney in either state. I would defer to your state of residency, though, since other assets could end up in the trust. Further, you may want a will that addresses your trust and the TN lawyer cannot draft a will for an OH resident. Location of the successor trustee(s) and... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: My house is contingent on me finding a house. We have made an offer on a house and they accepted.

But then my realtor told me that if the new home does not appraise for what the offer was

I still have to go through with the sell of my home. That leaves us without a home. Is this so

That I have to go through with the sell.

Todd B. Kotler
Todd B. Kotler
answered on Apr 18, 2024

Well it sounds like this might be the case, there's really no substitute by for investing in the time of an attorney to actually review the language of the agreement about what you're talking. It's the contract for sale of the home and your agreement with the realtor that's... View More

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1 Answer | Asked in Real Estate Law for Ohio on
Q: I sold my condo and moved in with my Dad to take care of my Dad for six years. When he passed I stayed in the Condo and

My sister and I now own the condo. I still live here but now my sister refuses to pay her half of the taxes. I pay my half, HOH fees and all improvements and updates. If I don't pay her half can I be responsible

Nicholas P. Weiss
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answered on Apr 5, 2024

Yes. You are jointly responsible for all fees.

On the other hand, you live there, she doesn't. You are getting all of the benefit of the condo.

If you really don't like the arrangement, you can try to buy each other out or do a sale by partition if you can't agree.

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Q: What happens if someone breaks a real estate contract/intent to sell contract? What are my options

I'm in the process of buying a home from a less than friendly seller (who lives in another house elsewhere). In late Feb 2024 the two of us met to sign a contract which stated his intent to sell me the property, the price, and some other minor details. He hired the lawyer who wrote it up, we... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

It depends on the contract. The escrow deposit is generally forfeited to the seller if the buyer doesn't close on time or apply for a mortgage quickly enough. But, as the buyer, your next step is to schedule a new date to close by and make the date "time of the essence." This will... View More

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for Ohio on
Q: What can I do about a shared driveway owner that won't maintain it?

I am not the owner of a shared driveway. The driveway owner doesn't maintain it and at times it gets almost unusable, until I call and pay someone to have it graded, which is basically just a band aid to make it usable.

Also, the driveway is approx. a quarter mile long.

James L. Arrasmith
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answered on Apr 1, 2024

In a situation involving a shared driveway where the owner is not properly maintaining it, you have a few options to address the issue:

1. Communicate with the owner: Try to have a friendly conversation with the driveway owner about the maintenance issues. Explain your concerns and see if...
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3 Answers | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Ohio on
Q: My father died in a car accident in August, disinherited my brother and I in his will..

He left everything to my children (two minors ages 8 and 6) to be held in trust until they reach 30 years old. He owns a home which I know he would want to be kept for them. He named a family friend to serve as the Executor of the will and Trustee for the kids. Well we were evicted from the place... View More

James L. Arrasmith
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answered on Mar 30, 2024

In your situation, it's crucial to understand that the legal dynamics surrounding estates, trusts, and real estate can be complex, especially when it involves minors and inherited property. Given the urgency of your eviction and the specific circumstances, seeking legal advice from an attorney... View More

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1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: Does Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest apply to my sister?

My mother died and there is a Transfer on Death affidavit so my sister gets the house. There is still a mortgage on the house. Can my sister be added to the mortgage without having the Ability-To_Repay rule be applied? That is, can she be added without looking at her credit history? We did not... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 28, 2024

Once the lender verifies that the person is a bona fide successor in interest there is not supposed to be any inquiry into the successor in interest's finances.

The CFPB issued an interpretation in 2014 stating:

the creditor's written acknowledgement of the successor as...
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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: What can I file against a Writ of Possession in Ohio? Is it legal to evict when there's a disabled child in home?

I made a verbal agreement with an overseer of rental property about 6-8 years ago. Since then they have passed away. I wasn't able to make contact with the physical owner due to not living in the same state. I went to court in June 2023 for eviction and won. Went back two more times and lost... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 28, 2024

The landlord or owner of the property cannot evict you because there is a disabled person living there, if the tenant is otherwise in default they certainly may evict for the breach of the landlord-tenant agreement. The lawyer has a breach of the attorney client privilege if they did work for you.

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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Ohio on
Q: Is it possible to kick an ex out of our house and off the deed/mortgage?

We live together in Ohio and have one minor child and are not married and never were. My ex refuses to leave and also will not pay the mortgage (his agreed half of the bills when we bought the home).

How can I get my EX name off the property since I have been the only one paying the... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 25, 2024

What you want to do is not impossible. It is however highly improbable. What you will need to do as file and action called partition period you should seek out attorney who regularly practices real estate law in your county. It would be better still if that attorney practices family law. You only... View More

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