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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Ohio on
Q: How do I transfer a deed from my mother to myself? It was left to me
Joseph Jaap
Joseph Jaap
answered on May 9, 2024

It depends on exactly how she left it to you - by will, by joint ownership deed with survivorship, by Transfer on Death Affidavit, etc. Use the Find a Lawyer tab to retain a local real estate attorney to review the deed and advise you of the process to follow to make the transfer.

1 Answer | Asked in Collections and Real Estate Law for Ohio on
Q: Large collection attorney firm out of Cincinnati Ohio has placed over 30K on my credit report for a three year lease.

I have disputed tirelessly for four years. Illegal in Ohio to "double dip" someone moved into my apartment one month ( less than one month ) after I moved out and they will not remove this collection. This collection began during COVID (2020) so no attorney would even discuss with me... View More

Nicholas P. Weiss
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answered on May 6, 2024

1) Contest the debt on the three major credit bureaus.

2) If it comes back corrected, then you are done.

3) If it comes back disputed, bring an action under the fair credit reporting act.

The above only applies IF THERE IS NO JUDGMENT. If their is a judgment, then you will...
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1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: We sold a property. An addendum to the contract was for the buyers to pay us $20K cash. They refuse to pay.

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.

Todd B. Kotler
Todd B. Kotler
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.

2 Answers | Asked in Real Estate Law, Collections, Health Care Law and Probate for Ohio on
Q: Hello. I'm wondering is there a statute of limitations for a property title lein in the state of Ohio?

I have a property i recieved through probate that my parents once owned. I had to settle their debts first (tax lein and medicaid lein). Probate closed over a year ago but now I an finding out I have "encumbrances" attached to the title of my property. One in particular is from a nursing... View More

Aaron Epling
Aaron Epling
answered on Jan 12, 2024

I've never heard of anybody getting out of paying the Medicaid claim by waiting for the statute of limitations to run.

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1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: What information has to be in a POA to allow real estate transfers? Does each property have to be individually listed?
Beverly A Stull
Beverly A Stull
answered on Dec 26, 2023

The POA does not have to list individual properties. It should say something similar to "to lease, rent, manage, contract to sell, sell, or convey real estate by deed or any instrument".

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Ohio on
Q: What type of lawyer is estate and tax ? A beneficiary of a grantor trust for page 41 1041 instructions explain W9

We do not get income Bank ignores

Grantor trust and w9 requestor instruction

The IRS will send you a notice if the payee's name and TIN on the information return you filed do not match the IRS's records. (See Taxpayer Identification Number (TIN) Matching, next.) If you... View More

Andrew Popp
Andrew Popp
answered on Dec 7, 2023

I'm not sure a question is posed here. A Tax/Estate Attorney specializes his or her practice on those areas of law. The Internal Revenue Code is obtuse at best, as can be the rules governing many Trusts. It sounds like you need to sit down with such an attorney to review the Trust and the... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: My house is for sale to avoid foreclosure. Next court date is a non-oral hearing. Can I get an extension on the date?

My house is being listed for sale and I also have a private investor who is working on getting funds to pay-off my amount due. If my house is "under contract" or if the investor needs another 1-2 weeks to get the funds, on the date of my non-oral hearing, can I request that the non-oral... View More

Nicholas P. Weiss
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answered on Nov 21, 2023

Yes, but the better thing to do would be to reach out to the bank to engage in loss mitigation. This would pause the foreclosure while they determined whether you are eligible for any loss mitigation options, including modification of the loan, and will give you time to either sell or refinance.

1 Answer | Asked in Real Estate Law for Ohio on
Q: If a nonprofit theatre company rents a space to perform, are they allowed to stop someone from seeing a performance?

Person wanted to be banned from viewing performances has no criminal records, nor any restraining orders against him.

Nicholas P. Weiss
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answered on Nov 13, 2023

Yes. So long as the ban is not based on a protected class, they are allowed to prohibit any person that they wish from the space.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Family estate inheritance. Selling estate, 6 siblings, 1 wants to sell with a solid offer, now. Other 5 want to wait?

I would like to sell now, and then other siblings want to wait. What can I do?

Anthony M. Avery
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answered on Nov 3, 2023

Hire an OH attorney to file suit for a Partition Sale.

1 Answer | Asked in Family Law, Foreclosure, Real Estate Law and Probate for Ohio on
Q: Can I sue the co-owner of a property for refusing to sell now that the property has been reverted to beneficiary?

Family member passed away and we inherited a percentage of this property. Other family member who inherited percentage of the property was living in it and refused to move or sell the house when we had a buyer. The property was foreclosed on because they did not pay the mortgage. Property went to... View More

Aaron Epling
Aaron Epling
answered on Nov 1, 2023

You probably need to file a partition action to force the sale. Except, the mortgage company may beat you to forcing another sale. A partition action can take months (or years) before you reach the end. I recommend you find a real estate attorney to advise you what your rights are.

1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Ohio on
Q: There is presently 2 Condo Board members for the last 3 years and condo association has had 3 failed Quarum's .

What happens next. Breach of Condo Covenants. Fiduciary Duties

Todd B. Kotler
Todd B. Kotler
answered on Oct 20, 2023

There is not enough information here to adequately answer. What fiduciary duty has been violated? Has money been misappropriated? Has there been some actual damages that the association or the homeowners have actually suffered? What remedies are presented in the association bylaws? What... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: How can I get out of a contract to sell my home and a POA that they attached to their contract?

I signed a contract with and llc to buy my house and at end of contract was a POA which is state Authorization to sign docs and offers! We didn’t close on 45 th day they made a new contract with a new buyer and have not given me a copy and told me it doesn’t have to do with me! I told the 45... View More

Nicholas P. Weiss
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answered on Oct 19, 2023

The LLC is likely engaging in wholesaling. This is a legal, but ethically tricky, activity in selling a contract to another. It is unlikely that you can breach the contract without penalty.

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: In Ohio after I sign a contract to buy a home and escrow has started is there a window of time where I can pull out?

I signed a contract to buy a home in Ohio contingent on my parent putting down money for the down payment. Somehow the bank started escrow without receiving any money, and my parent has pulled out. I don’t have a loan that will cover the cost of the house and can no longer buy it without my... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 18, 2023

Check the verbiage in your purchase agreement. Specifically, see if there is a contingency on affordable or your ability to obtain financing. You didn't mention this in your question, but what is the $5k number for? My guess would be that it is earnest money; some purchase agreements will... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: In Ohio Land Contract Law what would take precedence in a lawsuit. Would the Court follow the ORC or case law?
Todd B. Kotler
Todd B. Kotler
answered on Oct 16, 2023

Case law fills in the areas that are subject to interpretation within statutory law. Thus, the Court should follow both. This is why counsel is so important.

1 Answer | Asked in Real Estate Law for Ohio on
Q: The village trustee has not turned in check stubs to my loan officer it has been 3 weeks and I can't close on the loan
Todd B. Kotler
Todd B. Kotler
answered on Oct 11, 2023

Write the Trustee and explain exactly how you will be damaged (lay it out in dollars and cents) by the failure to execute their duty. This will at least put them on notice. You may still have sovereign immunity problems to getting to a verdict in your favor but it may be enough to light a fire... View More

2 Answers | 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

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1 Answer | Asked in Real Estate Law for Ohio on
Q: My mother passed away and she had no will. My sister has closed accounts that were in her and my mom's. My sister is unf
Anthony M. Avery
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answered on Sep 6, 2023

If the sister was a signatory authority on the account card, then the money was already hers. Ask to look at the signature card.

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 Real Estate Law for Ohio on
Q: If I own land that is in an LLC with two people, me and the other person, can they sign the land over to themselves?

Could they do anything with the land without my signature? Such as transfer it to their own personal name or sell it without my knowledge? We both have 50% ownership in the LLC

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

This depends in part on the Operating Agreement of the LLC. Does one of the others act as a managing member? What are the powers vested in members to sell assets of the LLC? IS the approval of all needeed?

1 Answer | Asked in Real Estate Law for Ohio on
Q: Please call me. My mom died, I live with her and there's no will. My sister has power of attorney, but I was under unfai
Todd B. Kotler
Todd B. Kotler
answered on Sep 3, 2023

There isn't enough information in this question do truly answer it period if you are concerned is you should see how it is titled period also look to see if she swore out a transfer on death affidavit. If either of those are the case, you would be able to either file a certificate of... View More

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