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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Ohio on
Q: Parent's Transfer on Death Affidavit for real estate, valid after 1 died?

My parent's real estate was in a Survivorship deed in Ohio. My father died and an Affidavit of Surviving Spouse was filed at the county Recorder's office to transfer the real estate to her. Before my father's death, he and my mother filed a Transfer on Death Affidavit for their... Read more »

Andrew Popp
Andrew Popp answered on Apr 27, 2021

A detailed look at the specific language of all the documents as well as what year they were executed is necessary to answer your question. Many subsequent TOD affidavits revoke any prior designations. I recommend sitting down with an attorney to review the situation in detail.

Best of luck.

1 Answer | Asked in Real Estate Law for Ohio on
Q: My mom & I are on the deed to my current residence, she doesn't live here, I pay the taxes. I want to sell she doesn't.

There was a verbal contract in place to sign the house over me after my divorce was finalized. She is now unwilling to do that, and she's unwilling to sell and split the money from the sale. She made me a very low ball offer that isn't half of what the house is worth, not sure what can... Read more »

Andrew Popp
Andrew Popp answered on Apr 27, 2021

In order to advise you of what the best outcome may be, a more detailed analysis of your situation is needed. An attorney would need to review how the title is held and discuss steps to take. Unfortunately, oral agreements related to real estate are not enforceable due to a legal doctrine known... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: I sold my home about a week ago. Closing is completed. Is there way to back out if sale as seller?
Joseph Jaap
Joseph Jaap answered on Apr 22, 2021

If the sale has closed, and you have delivered the deed to buyer, then the sale is completed. If there was fraud or some other legal issue in the transaction, use the Find a Lawyer tab to retain a local real estate attorney to review all the facts and advise you if there are any options to rescind... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Ohio on
Q: I’m in the middle of doing a land contract and I want a lawyer to look over it. That’s all. To make sure it’s fair
Andrew Popp
Andrew Popp answered on Apr 14, 2021

That should be very straightforward. You can use the Find a Lawyer tab on this webpage to find dozens of qualified attorneys who can do this for you. It would likely not be very costly, depending on the terms and length of the agreement.

Best of luck.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can I break my lease or sue my neighbor for continued harassment?

I am 1 of 3 people living in a duplex and I am having ongoing issues with my neighbor on the first floor about the driveway. I'm the only one who lives here who owns a car. However, for 7 years my neighbor has allowed her visitors to use the driveway when they come over. So far I have been... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 8, 2021

Landlord is not going to solve your problem with the neighbors. And your landlord does not have to allow you to terminate your lease early. But you can talk to the landlord about an early termination, and try to work it out -- maybe offer landlord an extra month's rent. Nothing makes you stay... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Loan has been in default since 2009. Have had sparse contact with anyone about this. Can they foreclose on my property?

I’ve informed them of the statute of limitations. He threatened foreclosure on the phone to me.

Bruce Martin Broyles
Bruce Martin Broyles answered on Apr 7, 2021

The statute of limitations for a claim on a negotiable instrument under Ohio's version of the UCC is 6 years. However, each missed payment restarts the statute of limitations, unless the loan has been accelerated. If the loan has been accelerated, then the lender has six years within which... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: How do I acquire an abandoned property?

Taxes are delinquent $539.34.

All information on the owner goes back to the address of the abandoned property.

Joseph Jaap
Joseph Jaap answered on Apr 2, 2021

If you cannot track down the owner, then the county will eventually file foreclosure for unpaid real estate taxes. But that could take a long time for such a low amount - maybe years. Ask the county treasurer when that might happen. A person cannot acquire a property simply by paying its... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Will a cease and desist order help me stop being harassed by jealous, spiteful neighbors?

I purchased a fixer upper home 04/19/2019 & despite covid I have made & continuing to make major repairs, but my neighbors who aren't happy that I purchased the property & they didn't, have been making constant unwarranted complaints to the city & mayors office that keeps... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 8, 2021

Neighbor problems are difficult to resolve and can get worse if legal action is taken against them. They could do a lot of things, and it could be impossible to prove that they violated a court order. Use the Find a Lawyer tab and retain a local attorney to advise you.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: There is a house trailer located within my property boundary. Can I charge them rent or have them move it?

I purchased the property in January and the trailer was already there and occupied.

Joseph Jaap
Joseph Jaap answered on Mar 1, 2021

If there is no written lease and you want them to leave, you must follow the proper eviction process. Check your local court web site or use the Find a Lawyer tab to retain a local attorney to assist you with the process.

1 Answer | Asked in Real Estate Law for Ohio on
Q: If myself and three others wanted to jointly buy a hunting property, what would be the process for that?
Joseph Jaap
Joseph Jaap answered on Mar 1, 2021

Talk to an attorney about forming a limited liability company to buy, own, use, and insure the property, and to draft an agreement among the owners on how they will contribute funds to purchase the land, pay expenses and taxes, and what happens if one of you wants to sell, or if one of you dies,... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: Auditor had wrong info on property record

I just had my home appraised to dispute the county auditors recent valuation. The appraiser discovered the property records had 300 square feet extra that does not exist. He measured twice after consulting the auditors info. This information has been incorrect for the 15 years I've lived here... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 23, 2021

Auditor websites typically have a disclaimer that the information is not guaranteed to be accurate. It is unlikely they will go back to recalculate and credit you any overpayment. Each county auditor in Oho just completed its revaluation of real estate, so the 300 sf might not make much... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: State of Ohio holds income tax liens on real estate I own jointly with my wife. The value of the real estate is low.

The sale of the property will not satisfy the tax lien. Other than paying the tax lien, how can I dispose of the property?

Joseph Jaap
Joseph Jaap answered on Feb 19, 2021

If the taxes exceed the fair market value, then if the taxes are not paid, eventually the county will send the property to tax foreclosure sale. If you can't find a buyer willing to pay the tax, then you could try auctioning it.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: I want to erect a coop to raise 6 egg laying hens on a property that is less than an acre in Delaware County Oh.

I don't own property yet, so if there is a neighboring county that is more lax that would be very helpful.

Joseph Jaap
Joseph Jaap answered on Feb 15, 2021

It depends on local zoning laws which are different from one place to another. Check with the local zoning office.

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: Can the State of Ohio prevent the sale of real estate if they hold a Tax Lien against the property?

The State of Ohio holds a Tax Lien against real estate that I own jointly with my spouse. The tax debt is solely mine and does not involve my spouse. My spouse would like to sell the real estate and get their share of the proceeds. My share of the proceeds will not be sufficient to pay off the... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 8, 2021

The state will not intervene to stop the sale, but unless all liens and mortgages can be paid at closing, then the buyer will not close the sale. You would have to pay money at closing to make up any deficit, for there to be sufficient funds to pay off the lien. Otherwise, a buyer will not close.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Hello. I just purchased a manufactured home ( downsizing) I was told the lot rent was a certain amount/ water included

After purchase and brought title to office, I was told that changed a month prior. Ok..I will deal with it, then I got a letter yesterday stating the lot rent is going up $28 more dollars starting March. I haven't even moved in yet and its about $5O-70 more than I "agreed" Is there... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 8, 2021

It depends on what is any rental agreement that you and the landlord signed. What they "told" you is probably not legally binding. Use the Find a Lawyer tab to consult a local attorney. If the landlord has done this to others, you might band together to retain an attorney to deal with... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Ohio on
Q: What constitutes a gift ? Profits from house sale give to 1 person and 1yr later the other spouse wants there share back

Have a signed notarized agreement to gift the profits of home to other spouse

Cathy Cook Esq
Cathy Cook Esq answered on Feb 4, 2021

Need more facts. If you were separated, physically & financially, when this was written, it could be a partial separation agreement and valid. If this was done while you were still living together or still financially together, it would not be, ax we do not recognize post-nuptial agreements in Ohio.

1 Answer | Asked in Real Estate Law for Ohio on
Q: If five family members own a house and five acres, and four members want to sell, can it still be sold?

Five siblings own five acres and a two story farmhouse in northeast Ohio and four of the family members no longer to rent the property but they want to sell. Can this property be sold if one family member refuses to sell? Can the four members still sell it all and give the disagreeable member their... Read more »

Hunter G. Cavell
Hunter G. Cavell answered on Feb 4, 2021

Yes. Since more than one owner wants to sell, there will be a judicial partition action to force the fifth to sell or buy out the other four. You should contact an attorney to see how to go about this.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can a development retroactively invoke a homeowner’s association and then attempt collect dues for 3 previous years?

We purchased a home in NE Ohio in 2017. The paperwork from our realtor indicated that there was no HOA. In May 2017, we received a notification from one of the homeowners that there was an informational meeting for the residents to “take over the HOA”; which was the first we heard of the... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 1, 2021

HOAs are created by a declaration recorded in the county real estate records, and all purchasers are legally deemed to have notice of them, regardless of what anyone might tell them, and they are legally bound by them. If the board follows the proper procedures specified in the declaration to... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: My husband and I bought a house from his mother and step father. They won't sign house over.

We paid for a year and a half then agreed lump sum of 2000 to have it signed over. We gave them 1300 and agreed to rest once title was signed over. They still haven't done it and are refusing to sign.

Joseph Jaap
Joseph Jaap answered on Jan 29, 2021

If they are in breach of the contract to sell the house, then you will have to sue them to get a court to order them to complete the sale and sign the deed. Use the Find a Lawyer tab to retain a local real estate attorney to review the contract and advise you.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can a vendee of a land contract enter into a Land contract agreement to a third party

Can a vendee of a land contract enter into a Land contract agreement to a third party without Original Vendors permission in Ohio.

Joseph Jaap
Joseph Jaap answered on Jan 26, 2021

It depends on whether the original land contract restricts assignment of vendee's interest. Use the Find a Lawyer tab to retain a local real estate attorney to review the land contract and advise you.

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