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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Business Law and Real Estate Law for Ohio on
Q: Who to file a lien against, the service location or the business that hired us?

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

Joseph Jaap
Joseph Jaap
answered on Sep 8, 2023

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

1 Answer | Asked in Real Estate Law for Ohio on
Q: if you have a home owner policy on a house you sold 2 years ago, and now the new owner is trying to sue you for damage

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

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2023

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

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: I recently won a bid on a sheriff sale in Lake County Ohio. I am following all of the information on the clerk of courts

As of today, it says motion to stay, confirmation of sale, and enlarge time to redeem does that mean the defendant gets to keep their property?

Kelly A Rochotte
Kelly A Rochotte
answered on Aug 23, 2023

There's not quite enough information here to answer fully, but it appears as though the property owner is disputing the foreclosure process. Possibly they weren't served under Civ. R. 4, or have other grounds for contesting the foreclosure itself. "Motion to stay" could mean a... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: I closed on a duplex property on 7/31an haven’t received the tenants security deposit from previous owner what can I do
John Michael Frick
John Michael Frick
answered on Aug 18, 2023

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

2 Answers | Asked in Real Estate Law for Ohio on
Q: Hello me and my wife sold a mobile home to a guy under the condition it had to be moved so we could put our house on

The property it has been 3 months and we have located several movers for him and he has yet to get it moved what can we do?

Also the title is only notarized to him he still hasn't put it in his name

Joseph Jaap
Joseph Jaap
answered on Aug 17, 2023

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.

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Hello me and my wife sold a mobile home to a guy under the condition it had to be moved so we could put our house on

The property it has been 3 months and we have located several movers for him and he has yet to get it moved what can we do?

Also the title is only notarized to him he still hasn't put it in his name

Todd B. Kotler
Todd B. Kotler
answered on Aug 17, 2023

I personally would need more information to answer this question. Did the buyer and seller have a written purchase agreement. Was there a time limit within which the buyer must move? Did the agreement set out remides for the buyer and seller in the event one failed to meet a condition... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Can I make the previous owner of my house pay for undisclosed moisture issues in crawlspace?

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

Todd B. Kotler
Todd B. Kotler
answered on Aug 16, 2023

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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2 Answers | Asked in Real Estate Law for Ohio on
Q: Can I make the previous owner of my house pay for undisclosed moisture issues in crawlspace?

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

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 16, 2023

The purchase agreement may have a provision which states that the house is purchased "as is" if an inspection is not conducted.

However, if a seller conceals items, then the lack of an inspection would not result in an "as is" purchase. A seller cannot conceal a...
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1 Answer | Asked in Real Estate Law for Ohio on
Q: What happens if my Land Contract sellers get divorced?

I'm buying a property on Land Contract and the deed is in both the husband and wife's names. If they get divorced, will that have any impact on our agreement?

Joseph Jaap
Joseph Jaap
answered on Aug 14, 2023

One or the other of them might end up as the sole owner after the divorce. So that might change who you make payments to, but your payments won't change because of the divorce, and the land contract remains in effect according to its written terms. Note that the land contract should have... View More

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Ohio on
Q: in Ohio, are HOA's allowed to charge finance charges? they are not a lender or creditor and yet i was charged $3.12

i was late one month and was charged a late fee of $25 which i understand is ok, but also a finance charge. there are no terms and conditions stating this charge and they are not a lender that i am borrowing money from. is this allowed and if so, why?

Joseph Jaap
Joseph Jaap
answered on Aug 7, 2023

If the full amount owed to the HOA, including finance charges, is not paid, then the HOA can record a lien and foreclose it if not paid. The judge would decide if the finance charge is allowable based on the HOA declaration and any actions taken by the HOA board of directors to implement finance... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Does a mortgage lien on property expire

Several years ago I was gifted property. Wanted to get home equity loan but found a Mortgage Lien from previous owners that hasn't been released. Recorded date was 04/19/2002. How do I find out if the mortgage has been paid and does a mortgage lien ever expire.

Todd B. Kotler
Todd B. Kotler
answered on Aug 6, 2023

Under Ohio law, a mortgage lien is a legal claim that a lender holds over a property as security for a debt. Typically, a mortgage lien does not have a set expiration date like other types of liens, such as mechanic's liens. Instead, a mortgage lien remains valid until the underlying debt (the... View More

2 Answers | Asked in Real Estate Law, Criminal Law and Personal Injury for Ohio on
Q: A branch from a tree in my backyard fell in my neighbors yard last night during a severe thunderstorm, tearing down her

Tearing down her electric lines. She came to me today demanding that I help her with the “expenses” of having it repaired and get the tree cut back away from her house. Am I responsible? I told her I thought that her first call should be to the electric company for repairs (I’ve never had... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 28, 2023

My guess is that your question is whether you are liable for the damages. Like most things in law, the answer is "it depends". Has your neighbor complained to you about the tree or the branches? In order to establish that you were unreasonable or breaching a duty of care to the... View More

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1 Answer | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: I am selling my house but the title office said they don’t have a record of my deed being notarized.

We did get it notarized and the tax bill also states we’re the owner

Joseph Jaap
Joseph Jaap
answered on Jul 24, 2023

That deed is defective, and you won't be able to close the sale until it is corrected. The seller who sold the house to you will have to sign a corrective deed, have it notarized, and recorded. If you can't find the seller, you could have to file a quiet title action in court, and that... View More

4 Answers | Asked in Criminal Law and Real Estate Law for Ohio on
Q: What do I do if someone forged my name on a deed, had it notarized illegally & signed my house over themselves?

My ex forged my name on my deed signing over my house to him. Had his notary friend notarize it without my permission or presence. Now he’s threatening to evict me and idk what to do after I file a police report. We were never married if that helps.

T. Augustus Claus
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answered on Jul 17, 2023

If someone has forged your name on a deed and illegally transferred your property, it's important to act quickly. Gather evidence of the forgery and preserve all relevant documents and communication records. Notify the involved parties, express your objection to the transfer.

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4 Answers | Asked in Criminal Law and Real Estate Law for Ohio on
Q: What do I do if someone forged my name on a deed, had it notarized illegally & signed my house over themselves?

My ex forged my name on my deed signing over my house to him. Had his notary friend notarize it without my permission or presence. Now he’s threatening to evict me and idk what to do after I file a police report. We were never married if that helps.

Anthony M. Avery
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answered on Jul 17, 2023

Ejectment, Quiet Title, Reformation of Deed are all causes of actions that need to be filed soon. A title search needs to be done first, then your lawyer needs to draft suit. When filed a Notice Lis Pendens needs to be issued then recorded. Suit against the Notary is a quick, easy claim on... View More

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4 Answers | Asked in Criminal Law and Real Estate Law for Ohio on
Q: What do I do if someone forged my name on a deed, had it notarized illegally & signed my house over themselves?

My ex forged my name on my deed signing over my house to him. Had his notary friend notarize it without my permission or presence. Now he’s threatening to evict me and idk what to do after I file a police report. We were never married if that helps.

Todd B. Kotler
Todd B. Kotler
answered on Jul 18, 2023

I recommend that you record an affidavit of facts regarding the title of the home, then file a an action to quiet title, on the property and fraud against your ex and the notary, You can also report the forgery to the police, but you will still need to file the civil actions to remove the cloud... View More

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Ohio on
Q: Is a lawyer allowed to give money out of the estate before the case is closed?
T. Augustus Claus
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answered on Jul 12, 2023

The distribution of assets from an estate typically occurs after all debts, taxes, and expenses have been paid, and any necessary court approvals have been obtained. This ensures that the estate's obligations are properly settled and that the beneficiaries receive their rightful share... View More

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1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: Is dower rights still a thing in ohio on 2023? Any way for spouse to waive all rights to everything their name is not on

From the start of the marriage so that neight have to deal with it?

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jun 23, 2023

Dower is still a thing, unfortunately. A prenuptial agreement waiving claims to certain property will, as a matter of law, eliminate dower. However, as a matter of practice, most banks will not fund a transaction if the spouse does not waive their dower interest as part of the sale on the deed... View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: My father owns property with Et Al attached to it, but all others are deceased…isn’t he 100% owner?

Guy owns lots of land around it and offered to buy 31%(what he thought was my dad’s part), but shouldn’t it be 100% since all others have been deceased for years? Lot appraised at just under $10,000…he bought lot next to it for $14,000…if he owns 100%…I’m thinking my dad should get more... View More

Anthony M. Avery
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answered on Jun 22, 2023

You will need to hire an OH attorney to at least read the Deed, if not also search the Title. If no survivorship is involved in the exact Estate created, then the attorney will need to determine heirship. Possibly an Affidavit of Heirship will need to be executed and recorded. With a alot of... View More

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2 Answers | Asked in Real Estate Law for Ohio on
Q: My father owns property with Et Al attached to it, but all others are deceased…isn’t he 100% owner?

Guy owns lots of land around it and offered to buy 31%(what he thought was my dad’s part), but shouldn’t it be 100% since all others have been deceased for years? Lot appraised at just under $10,000…he bought lot next to it for $14,000…if he owns 100%…I’m thinking my dad should get more... View More

Todd B. Kotler
Todd B. Kotler
answered on Jun 23, 2023

Yes he is, however if the property has not been probated or at least had certificates of transfers (along with the death certificates of the predeceased co- owners) filed, then no one in the general public can be aware of this change in ownership. This should be done to create a clean title to the... View More

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