Disabled and just recently had a major heart attack 20 days ago then 4 days ago last week sometime
answered on May 21, 2023
You may wish to do so. In order to receive a disability you will likely need to file a DTE Form 105A
You may find Ohio Tax forms here
https://tax.ohio.gov/wps/portal/gov/tax/business/ohio-business-taxes/sales-and-use/information-releases/st200502
ANd bulletins specific to... Read more »
LLC bought duplex , raises rent 200 then, when I ask for new lease I got a text that said, to difficult to fix issues while you live there so , 2 months notice to leave so the can fix apartment for the LLC son to move in? they have already moved their nephew in upstairs. I do not want to move. They... Read more »
answered on Apr 10, 2023
It makes no difference if landlord is an LLC. If you do not have a written lease for a specified lease term, then landlord can terminate your tenancy by giving 30 days written notice. Landlord is giving you 2 months. If you don't leave, then landlord can file an eviction, which is a... Read more »
A Lien was purchased for forgotten half a year of property taxes. Rookie mistake. Taxes are now current and will stay that way. The Lien expires in 3yrs. We don't plan on moving for 5+yrs. Have no mortgage and own home outright. Should I go ahead and pay lien in full? Can third party llc... Read more »
answered on Apr 8, 2023
Tax lien expires in 15 years. Interest rate negotiated on the tax certificate was probably 18%. In 15 years with interest the lien will be approximately $2100.00 and they will require you to pay Court costs and attorney fees to avoid the property going to Sheriff's Sale. It is not something... Read more »
I electronically filed a motion to stay with the court, and it was approved. This happened after the Plaintiff already had a Sheriff's auction and obtained my home, as well as they filed a Writ of Possession. If it was electronically filed and approved, does this mean that judge approved it or... Read more »
answered on Apr 8, 2023
The homeowner maintains title in the real property until the Sheriff's Sale is confirmed. The right of the purchaser at sale to obtain a writ of possession is typically included in the decree of foreclosure. However, the order of confirmation is the mechanism that cuts off the... Read more »
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... Read more »
I am unmarried and own a home. My mom (married) cosigned my mortgage a few years ago and is listed on the deed with me, though I pay the mortgage myself. She is now getting a divorce and her husband's legal team is claiming that my house is marital property. I live in a dower state and my... Read more »
answered on Mar 31, 2023
Your mother's interest in the home could be marital property, depending on how her ownership interest is listed on the deed. The divorce will determine how all marital property is divided, included any ownership interest she has, and some of her equity might be awarded to her spouse in the... Read 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... Read more »
those articles? The HOA existence was canceled with Articles of Incorporation however, the existence of the HOA was recently reinstated by the state, does that automatically reinstate the articles of incorporation?
answered on Mar 16, 2023
Cancellation by the Ohio Secretary of State does not terminate the existence of an entity. Termination is done only as provided in Ohio law. The Articles remain in effect as filed with the Ohio Secretary of State until they are changed as provided by law by those who have the authority to change... Read more »
answered on Mar 7, 2023
I recommend sitting down with an estate planning professional to discuss. If your mother makes such a transfer it could be subject to gift taxes. Additionally, if she were to need benefits under a needs based assistance program like Medicaid, such a gift would impact her eligibility and may mean... Read more »
answered on Mar 8, 2023
If she transfers her house to you both as a gift, in addition to possible gift taxes, you and your sister will acquire the home with your mother's cost basis for income tax purposes, so that when you and your sister sell it, you both will also pay capital gains taxes on the increase in value... Read more »
We pay a monthly association fee but we have never been charged a "cleaning fee" for our clubhouse. We did not pre-authorize the cleaning but the fee was still assessed. To me, this does not seem to be a legal debt. Am I correct?
answered on Feb 27, 2023
The board of directors of the condominium association can change the amount of the monthly fee and impose new fees as permitted by the Declaration of Condominium recorded in the county real estate records. Review the declaration to determine if the board was acting properly, which it probably was.... Read more »
Closing document did not credit new owner with taxes that should have been paid by previous owner. The amount involved (approx. 4 months) is not large but if punitive or other damages can be claimed it may be worthwhile to move forward. Property is located in Clermont County Ohio. There are other... Read more »
answered on Feb 27, 2023
No punitive damages. Real estate taxes are a matter of public record, and a buyer is deemed to have notice of them, and a seller is not required to disclose them to a buyer. If there were errors or omissions on the settlement statement, contact the title agency that conducted the closing to get... Read more »
all the members to agree or is it just a majority that have to agree to become incorporated. Are the members of an unincorporate HOA legally obligated to pay annual dues? We are having issues with some members not paying their dues this year they seem to be misunderstanding their obligation to our... Read more »
answered on Feb 27, 2023
The HOA covenants recorded in the county recorder's office require owners to pay their annual assessment. It does not matter whether the association is incorporated or not. The association can place liens on the home of any owner who does not pay. Use the Find a Lawyer tab to retain a local... Read more »
2003. We are a self managed HOA having 19 homes and for 19 years maintained the common area, provided yearly financial reports, filed our taxes, collected all dues every year, paid all expenses, kept yearly due amounts the same for over 5 years, communicated to homeowners on issues, even filed a... Read more »
answered on Feb 24, 2023
The HOA should have been incorporated as a non-profit corporation with the Ohio Secretary of State to implement the HOA covenants recorded in the real estate records. Without that, the HOA has been operating as an "unincorporated nonprofit association," which still has legal status as a... Read more »
My neighbor has a sump pump that drains out into their yard but borders mine. This has created a pond/swamp in the area and is quite large. This swamp makes it impossible to use part of my yard or even trim it. Also my driveway borders up against this area and has cracking and sinking in towards... Read more »
answered on Feb 21, 2023
Damage from normal water runoff does not give a claim. But if water is redirected or collected to send more runoff, then there can be a claim. Depending on the source of water into the sump, the slope of the land, and where the neighbor directed his sump discharge, you might have a claim for... Read more »
Fees have not seen an increase since 2017 and in the last 2 years, we will have had a 20% increase based on "budgetary needs". Is it required to have a membership vote to proceed?
answered on Feb 15, 2023
The HOA Declaration of Covenants and Restrictions specifies the process for the HOA to change the amount of the assessment and if a vote is required. Review the HOA Declaration for the requirements and talk to the HOA management company or the HOA board members.
The grantee had no knowledge that an inter vivos gift (by quit claim deed) was made and recorded by his sibling to him.
answered on Feb 8, 2023
If there is no environmental problem, title problem, lien, or other issue attached to the property and also possibly affecting the owner, the owner could just quit claim it back. But if the person whose name is now on record as owner wants that totally removed, it would require a Quiet Title... Read more »
Our HOA filed the Initial Articles of Incorporation with the Ohio Secretary of State but, I recently found out the Articles were canceled in 2010 as a Notice of Continued Existence was never filed. From what I gather, this is required to be filed every 5 years. Since 2010, I have paid my HOA dues.... Read more »
answered on Feb 8, 2023
The HOA still exists as an Ohio non-profit corporation unless it was cancelled by the Ohio Secretary of State. Failing to file the Notice of Continued Existence does not officially terminate it, and does not stop the obligation of homeowners to pay HOA assessments and dues. And even if cancelled,... Read more »
I purchased the home in 6/2022. I wasn’t aware that the gas and electric were separate companies until 9/2022 when the previous owner reached out and wanted reimbursed for paying the gas bill from 6/2022-9/2022. She paid it for three months before saying anything. Do I legally have to pay her back?
answered on Feb 2, 2023
The home sale contract that buyer and seller sign, typically specifies that seller must pay for utilities through the date of the closing of the sale, and afterward the buyer is responsible. You would have to pay only if she sues you, the court finds you liable, and enters a judgment against you... Read more »
J
answered on Jan 17, 2023
If you are getting a divorce, the house is marital property no matter whose names are on the deed, loan, or mortgage.
Your spouse has an interest in the home, even if she paid nothing, and that interest will be divided in the divorce. Use the Find a Lawyer tab to retain a local attorney... Read more »
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