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Ohio Real Estate Law Questions & Answers
0 Answers | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Issue with neighbor house

I own a home in Ohio that was built in the early 1900’s along with its surrounding homes. It’s in a neighborhood where the houses are very close together, but the house to the left of ours is abnormally close like 4ft. They are missing gutters along that side of the house that borders ours and... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Ohio on
Q: 45 yrs living & paying property tax in brothers house. Do I have a claim now that he died with deed in his name?

I have lived in family house about 30 years, maintained all of it, paid all taxes to date. My mom used priest many years ago to put house in me and my bro name when she died but house only went in his because of a nasty divorce I had when younger and I cannot find the priest or have paperwork. My... Read more »

Andrew Popp
Andrew Popp answered on May 23, 2022

There is no short answer to this question. I highly recommend sitting down with an attorney to see if there are any avenue's you can take in trying to keep the house.

Best of luck.

1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for Ohio on
Q: Can my landlord have me escorted off the property, if I'm not on the lease?

I and my sons have been living here since October of 2021. The landlord and lease holder refused to out us in a lease. I had the lease holder arrested for domestic violence against me. After which the landlord wrote me note saying I could stay. Two days later, after speaking with my abuser, lease... Read more »

Matthew Williams
Matthew Williams answered on May 15, 2022

He will have to evict you, if you’ve been living there but he can as you have no lease. If the defendant in your DV case put him up to this, the defendant has almost certainly violated the terms of a court no contact order which generally includes not doing anything to mess with the victim’s... Read more »

0 Answers | Asked in Business Law, Products Liability, Real Estate Law and Municipal Law for Ohio on
Q: I run a A scooter business at my residence. The scooters are parked on the sidewalk in front of my house.

Today I was met with a police complaint asking/commanding if I could remove the The scooters from the driveway in front of my house and maybe put them in the grass?

0 Answers | Asked in Real Estate Law for Ohio on
Q: I have a question about real estate law. I recently purchased my home in August 2021.

My neighbor recently approached me demanding I fix a drainage pipe that was damaged prior to my purchase of the house. She is telling me that she contacted her homeowner's insurance and was told that I am legally responsible for the water damage to her property. The neighbor said she discussed... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can an HOA create a rental cap?

We have quite a few homes being sold to rental companies and those companies do not respond well to any HOA rules targeted at making the home acceptable in appearance per our CCRs. Nor do they engage in any type of vote. Can we put a cap of 15% on rentals allowed?

Joseph Jaap
Joseph Jaap answered on May 9, 2022

The HOA can amend its declaration by following the process specified in the declaration and recording the amendment in the county recorder's office. The HOA board can retain a local real estate attorney to assist with that process.

1 Answer | Asked in Real Estate Law for Ohio on
Q: My ex husband just passed. My name is on the deed of the house but not on the mortgage. We never did a quick claim deed.

Would I have any claim to the house?

Bruce Martin Broyles
Bruce Martin Broyles 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.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: Forgot to say in my previous post...

I forgot to say a few more things about that equity line of credit issue with my mother. Her house is in disastrous condition and is worth far, far less than what she owes the bank. So the bank simply taking the house, I don't think that will satisfy them, unless (I hope) by law that's... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 6, 2022

It depends on the loan agreement.

In any event, you are not personally responsible for the loan.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: Home Equity Line of Credit -- Will I be responsible?

Years ago the bank made me a co-owner (joint checking account) of my mother's checking account. I wanted to just be POA to help pay her bills, but they made me a joint owner instead. She has a $55,000 line of credit on her home that she will never pay off. She is under hospice care and pretty... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 6, 2022

They will foreclose on the house to get paid.

They can't go after you personally.

3 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: My brother and I who are both veterans are getting ready to buy a home together... i have been his caregiver for over 40

years. And am also over his healthcare. We plan on holding our property undivided half interest, fee simple, with right of survivorship... now our sister has a power of attorney he granted her about 12 years ago. Will she be able to sell his interest or otherwise intervene in our property?

Nina Whitehurst
Nina Whitehurst answered on Mar 28, 2022

All he has to do is revoke that old POA by sending her a formal notice of revocation. He should also send notice of revocation to anyone anywhere who has a copy of it. And he should demand the return of the original so he can destroy it.

View More Answers

1 Answer | Asked in Real Estate Law for Ohio on
Q: In Ohio I have a mortgage with my wife she wants off the mortgage to be able to get her own mortgage .. can we do that

We don't want to refinance just sign off

Joseph Jaap
Joseph Jaap answered on Mar 28, 2022

The mortgage holder would have to sign a release, and is unlikely to do that. Call them mortgage holder.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I have questions about living estates

My home is part of a living estate and I'm being threatened with eviction if my wife dies before me. The house was deeded to my wife, but it's to go to her living children on her demise. 2 of her living children are from a previous marriage and 1 child is my biological son, who lives with... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 28, 2022

Use the Find a Lawyer tab to retain a local estate planning attorney that can review your and your wife's financial situation, the deed for the house and other documents, and then advise estate planning alternatives that can address the situation, such as wills, powers of attorney, living... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Ohio on
Q: Do I have to pay an old lien on my ex's house?

He was awarded the house but my name stayed on the deed and mortgage for one year because he did not qualify to take over the payments. He wants to sell the house and found out that a lien (we did not know about previously) was placed against the house during our marriage for debt in my name.... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 7, 2022

In a divorce, it is important to check real estate titles to find any liens that might have been filed. He won't be able to sell the house without somebody paying the lien to get it released. If he wants to sell the house, he could pay the lien, and then file with the court to determine if... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: My husband died and left a small property without my name on it. How do I get this fixed without a lawyer?

I have the property under a lease agreement. I need to add my name to the deed.

Joseph Jaap
Joseph Jaap answered on Mar 2, 2022

You will need a lawyer. Use the Find a Lawyer tab to retain a local attorney, possibly to file probate, but definitely to transfer the property or get your name on the deed.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: House in my name only, but my mom asked me to split the sale proceeds with my sisters.

My mom and I shared ownership of a house in Cleveland Ohio. When she died it automatically transferred to me. She verbally stated to me she wanted me to split proceeds of sale between me and 3 sisters. How would I do that without getting nailed with all the sales & capital gains taxes? My... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 22, 2022

That does sound like a difficult family situation. There could be capital gains taxes, depending on how long since the house transferred to you. If there were any taxes, you could deduct those from the proceeds to your siblings. Talk to your tax advisor about all that. And use the Find a Lawyer... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Is there a statute of limitations if a seller misrepresents aspects of the property to the appraiser or realtor?

When we bought our condo, we were told it came with a parking spot. We're trying to sell our condo and are being told that our parking spot is "common area" for the building and we can't sell our condo with the parking spot. We wouldn't have bought the condo without a... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 17, 2022

That's a tough situation. Verbal comments would be difficult to prove, and it would depend on exactly what the seller posted when advertising it - whether it could be considered fraud. And purchase contracts typically say that information provided is not verified accurate. The condo... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: How do I take my ex-boyfriend's name off of the mortgage and the deed to our house?

I live in Ohio. He has agreed to let me keep the house, however we don't know what steps we need to take. We are 50/50 ownership currently with about 7 years left on the mortgage.

Joseph Jaap
Joseph Jaap answered on Feb 14, 2022

You can't take his name off the mortgage or the deed by your action alone. He can take transfer his rights in the property to you by signing a quit claim deed to you. The mortgage company won't take his name off the loan. You'll have to get a new loan. So, after he transfers the... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Is there a "precedent" set by the city after many years of providing a service?

We live in a small development in Ohio on a "private street". The city has been plowing the street for snow for 25 years and has now informed our HOA that they will no longer provide that service as we are a "private" street. Do we have any legal recourse?

Joseph Jaap
Joseph Jaap answered on Feb 7, 2022

If it is a private street, then the city has no legal responsibility to perform any services on it. You'll be lucky if the city doesn't send your HOA a bill for past services, now that it has discovered its mistake. The HOA can use the Find a Lawyer tab to retain a local attorney to... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: My landlord removed my door and is demanding we leave right now without filing an eviction

What can I do.

Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 3, 2022

Call the police. He is trespassing and conducting an illegal eviction.

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