My house is being listed for sale and I also have a private investor who is working on getting funds to pay-off my amount due. If my house is "under contract" or if the investor needs another 1-2 weeks to get the funds, on the date of my non-oral hearing, can I request that the non-oral... View More
Yes, but the better thing to do would be to reach out to the bank to engage in loss mitigation. This would pause the foreclosure while they determined whether you are eligible for any loss mitigation options, including modification of the loan, and will give you time to either sell or refinance.
We received a letter stating that we would be switching from Barnett Management to Continental Management. We paid Continental and I called Barnett to confirm the change. I was blindsided by the summons and didn't realize I owed anything to Barnett as I was told to pay Continental. I never... View More
You have a defense of payment (Accord and Satisfaction). The HOA will assert that you were late in payment and never paid until the law firm was engaged and you received the complaint. The ability to demonstrate the timing of your payment will be critical to your defense.
My great grandfather passed away over 10 years ago without a will. Assuming the next of kin would get the property my grandmother never did anything with the deed. She never put the house in her name or anything and has been staying there ever since. The property tax has been “exempt” because... View More
Please get a hold of a real estate litigator in your town. It sounds like you need more advice than this forum can provide. Your question does not contain facts that are crucial to analyzing this issue. Has there been an action filed against the property owners? How was the property titled?...View More
Family member passed away and we inherited a percentage of this property. Other family member who inherited percentage of the property was living in it and refused to move or sell the house when we had a buyer. The property was foreclosed on because they did not pay the mortgage. Property went to... View More
You probably need to file a partition action to force the sale. Except, the mortgage company may beat you to forcing another sale. A partition action can take months (or years) before you reach the end. I recommend you find a real estate attorney to advise you what your rights are.
There is not enough information here to adequately answer. What fiduciary duty has been violated? Has money been misappropriated? Has there been some actual damages that the association or the homeowners have actually suffered? What remedies are presented in the association bylaws? What...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
I signed a contract with and llc to buy my house and at end of contract was a POA which is state Authorization to sign docs and offers! We didn’t close on 45 th day they made a new contract with a new buyer and have not given me a copy and told me it doesn’t have to do with me! I told the 45... View More
I signed a contract to buy a home in Ohio contingent on my parent putting down money for the down payment. Somehow the bank started escrow without receiving any money, and my parent has pulled out. I don’t have a loan that will cover the cost of the house and can no longer buy it without my... View More
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
I am in Ohio. My company performed a service at a business location. The company that hired us is an entirely different company, a contractor for the business location. The company that hired us refuses to pay us. We are going to file a lien, but need to know if we can file the lien on the... 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
This depends in part on the Operating Agreement of the LLC. Does one of the others act as a managing member? What are the powers vested in members to sell assets of the LLC? IS the approval of all needeed?
There isn't enough information in this question do truly answer it period if you are concerned is you should see how it is titled period also look to see if she swore out a transfer on death affidavit. If either of those are the case, you would be able to either file a certificate of...View More
i sold a house 8-2-21 and she came back with a law suit again me for moist under the house and we did not know about and nor did her inpector she hired see it. I have an active home owner policy on this house, that i did not know was still active. how do i turn this into the insurance company to... 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
they are saying there is moister damage that was there before they bought the house, we were not aware of this and the home inspector did not see it either. if i still have the home owner policy and it is active will the insurance company have to pay. i
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
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
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.
I recently purchased a home and decided to forgo a home inspection. The sellers did not disclose any foundation issues and a big selling point was that the basement was waterproofed. Upon moving in, we learned that part of the house is above a dirt crawlspace with no vapor barrier. One of the rooms... View More
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
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