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 
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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
Currently our homeowners association that was built by Ryan Holmes does not have any handicap parking Spaces. The place is called village of Sycamore homeowners association.
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?
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
To have it recorded. Turns out my dad, who died in 2006 is still listed on deed. They still did the transfer, but said I have to go through probate to have his name removed
. Is that accurate?
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.
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
have any re-course. It seems it has been a constant battle for 2 years and no matter what they will not stop with their demands causing the HOA to obtain a lawyer. Even with things they demanded are in place it is still not good enough. As a member and wanting to sell my home this will be an issue... View More
My husband and I are going through dissolution. My attorney found out today I am apparently on the warranty deed and original mortgage document filed with the county for the home we both thought was only in my exs name. Atty says to get me off the loan, My ex will have to refinance or sell the... View More
If a propane gas company enters your land to remove a propane gas tank (which they own, but left behind on your land by the previous landowners, who had a contract with the company), by concluding erroneously that the land is vacant (and without making attempt to communicate with you), is this... View More
I had an attorney make me apply for rental assistance although I had the money to pay my rent, the landlord even sent it back. The attorney handled all kinds of things wrong - made me sign an agreement to move out that’s left me with a retaliatory eviction instead of using the evidence I had to... View More
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
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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.
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
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
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.
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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... View More
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
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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
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
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... View More
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
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.
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
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
I don’t want any responsibility as we are close o divorce
answered on Mar 22, 2024
In Ohio, spouses have marital rights (called "dower rights") in all the real estate owned by the other spouse, whether their name is on the deed or not. So when selling or mortgaging any real estate, both the owner named on the deed, and the owner's spouse, must sign. The spouse... View More
answered on Mar 20, 2024
Talk to the landlord to negotiate an early termination, although landlord is under no obligation to do so. Landlord might ask for a payment. If landlord is in default of the lease, then use the Find a Lawyer tab to retain a local real estate attorney to review the lease and the situation, and... View More
Each resident has ownership only over the interior of their unit. Each unit has a rear patio deemed a "limited common element", the use of which is reserved to that owner. All other property is considered a "common element." Each unit also has two reserved parking spaces, though... View More
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answered on Mar 1, 2024
Residents within an HOA with "common" and "limited common" elements typically have certain trespass and Fourth Amendment rights. The rear patio designated as a "limited common element" would likely be considered part of the curtilage, affording residents Fourth... View More
What are our options? They bought the property as is and then remodeled. They say since they spent so much to remodel that they don't have to pay us.
answered on Feb 19, 2024
Your options depending on the purchase agreement are to either not get paid or sue for the amount due. I would recommend speaking to your realtor and if he or she cannot help you, invest in the time with an attorney in that county that regularly practices real estate litigation.
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