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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Ohio on
Q: House has a previous land contract but buyer vacated and stopped paying, how do I get a title if I buy the house?
Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 24, 2020

The current owner needs to terminate the land installment contract. If the land installment contract has been in existence for more than 5 years, or if more than 20% of the purchase price has been paid, then the current owner must bring a foreclosure action. If less than 5 years, the contract can... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: I've paid mortg for 7 yrs on mortg in my deceased mother's name.deed in sisters name. What are my rights to the home

I want to purchase the home , can I do it without my sister being involved? I've been living in the home maintaining it and paying the mortg for 7 years

Joseph Jaap
Joseph Jaap answered on Jul 24, 2020

If only your sister's name is on the deed, then it is her home, and you have no rights to it. Use the Find a Lawyer tab to retain a local real estate attorney to review the deed and advise you regarding the purchase, if your sister is willing to sell.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can my husband sell a property without my signature?

He and his brother own a house jointly. I am not on the deed but they got the property after we were married. Now they are trying to sell it and I do not want to sell. Can I stop the sale?

Joseph Jaap
Joseph Jaap answered on Jul 16, 2020

Ohio recognizes dower rights of spouses, so you must sign the deed to release your dower rights, and they will be unable to sell unless you do that (assuming they have a buyer that knows that). If they both sign a deed without you, you still have a claim to the property against the buyer. You can... Read more »

2 Answers | Asked in Civil Litigation and Real Estate Law for Ohio on
Q: Can a property manger or reality company be sued for lack of property maintenance?

Leaky, molded hole in ceiling. Faulty wiring, rodent infestation

Troy J Doucet Esq.
Troy J Doucet Esq. answered on Jul 16, 2020

As a general answer: each city has its own rules about maintenance, in addition Ohio's statutory and common law requirements. Many tenants with apartment issues have found assistance with their city's code enforcement division, who can mandate changes to comply with the code. Other... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: I own my home. My elderly Mother lived with me until her death. Do her items belong to me or life insurance beneficiary?
Joseph Jaap
Joseph Jaap answered on Jul 15, 2020

Her life insurance beneficiary is only entitled to the proceeds of the life insurance policy, which can be collected by the beneficiary providing a death certificate to the insurance company and proof of identity. Any other assets and belongings pass according to your mother's will, or... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Gov & Administrative Law for Ohio on
Q: Our deed was fraudulently transferred. The criminals have since been convicted. We have yet to have the deed returned.

This happened over 2yrs ago and the title office and everyone else has given us the runaround. The property has since taken on extensive damage due to vandalism ect.. What should be our next steps. Would the county be at least partially responsible for damages? The criminals were ordered almost... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

If the original court proceeding found the transfer to be fraudulent, you can use that to seek a voiding of the transfer. You may need to file a complaint for declaratory judgment and quiet title.

2 Answers | Asked in Real Estate Law for Ohio on
Q: I have been occupying the house that my husband won in our divorce for almost 30 years and he never had deed switched

Both of our names are on the land contract. Very soon after our divorce, he skipped town, letting me and my son stay on the property. I paid house payments, insurance, and taxes. But the deed is still in the previous owner's name. Now almost 30 years later he's back to "take care of... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

It doesn't make sense that the title hasn't transferred. Have you contacted the seller on this? You may be able to negotiate a sale to you directly, since you were the sole payor.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: I am selling my house (pd in full) to my niece for 100,000 waiting on appraisal est. 115,000 what documents do I need

She is working with a mortgage co and she is paying all closing costs?

Other than the proper documentation- what else should I have?

Hunter G. Cavell
Hunter G. Cavell answered on Jul 9, 2020

It sounds like it will appraise no problem, so that should not be an issue. Your niece's loan officer will want an appraisal for the mortgage company, but they should handle the closing/title insurance/tax escrow, etc. The loan officer will not talk to you, so ask your niece if anything else... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: I bought a house before being and now want to refinance after I’m married. I am not adding my husband to the title.

* before being married

I am also not adding his name to the loan but the title agency says he had to be at closing to sign a “marital interest” sheet or we can’t continue. Why if it is in my name, and he has nothing to do with it? How do I get around this?

Bruce Martin Broyles
Bruce Martin Broyles answered on Jul 8, 2020

As a spouse your husband has a dower interest that springs to life upon your death if you are still married.

Your spouse must make his dower interest subordinate to the mortgage

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1 Answer | Asked in Real Estate Law for Ohio on
Q: What is the easiest , quickest , least expensive way to do a quickdeed property transfer ?
Taylor P Waters
Taylor P Waters answered on Jul 8, 2020

There are some mandatory state fees (recordation, conveyance fee), and many attorneys charge about $250 or less to draft a deed. It also depends on the nature of the deed. E.g., quit claim or general warranty.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Ohio on
Q: My divorce was 8 years ago, my name is still on the house after my ex was told to take it off. What do I do?

The settlement says to take me off of the loan of the house in a "reasonable amount" of time. It has been almost 8 years. She refuses to take my name off the house. How do I start the process of taking my name off of the mortage?

Robert Mues Esq
Robert Mues Esq answered on Jul 7, 2020

Your remedy is to file a contempt motion against her for willfully violating the terms of the divorce decree. 8 years is way more than a "reasonable" time to get you off the loan. If she claims she doesn't qualify to refinance it, the Court will likely order it sold so you will be... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: Ohio - What can be done when 3 own property but one living on it wont allow appraisal of home?

All three of us each pay 1/3 of the taxes. I am trying to get a current appraisal for which I alone will pay for, so I can sale my 1/3 of the interest which we share in common. The one living on the land said the appraiser can appraise the land but not HIS HOME. We all three own the home too, no... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 7, 2020

Each co-owner is entitled to occupancy and possession of the home, so your certainly are legally entitled to have an appraiser enter. It is not "his home" totally. If he will not cooperate, then you can file a partition action to have the court order an appraisal of the entire property,... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Ohio - 3 siblings own 30 acres in common. Do we all three own the house on it also or just the 1 living in it?
Taylor P Waters
Taylor P Waters answered on Jul 7, 2020

If the house is on the 30 acres which is owned in common, then everyone also owns the house. Unless there has been a partition action, the entirety of the property is owned in common. The tenant may have typical tenant/resident rights to the house.

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1 Answer | Asked in Bankruptcy, Contracts and Real Estate Law for Ohio on
Q: Can a closed bankruptcy be reopened and reversed if a creditor perpetrated fraud on debtor caused debtor to orig file?

This involves a land contract which I know has its own set of hurdles but basically I want to know if the vendor of the land contract committed fraud or at least made known significant misrepresentation to the common pleas court can that be grounds to reopen the bankruptcy case and reverse the... Read more »

Timothy Denison
Timothy Denison answered on Jul 6, 2020

Possibly, but it would be very difficult unless the proof establishes the fraud unequivocally. Contact a competent attorney who can realistically assess your chances of success.

1 Answer | Asked in Real Estate Law for Ohio on
Q: My girlfriend and I live together in Ohio. I am moving out and have purchased (on my own) a lot of the appliances & fur

And furniture. Can I take what is mine?

Joseph Jaap
Joseph Jaap answered on Jul 6, 2020

You can take what's yours. If she disagrees, she could call the police. If they stop you, you can sue her.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: I signed a lease but my roommate did not we are both on it as ‘resident’ and we want to get out of it

Move in date was supposed to be 6/29 but we didnt even receive confirmation that we were approved until that day. We looked around for other places and found one that we liked because they had been very bad at communication.

Joseph Jaap
Joseph Jaap answered on Jul 1, 2020

You signed the lease, so you are legally obligated to pay the rent. Try to work it out with landlord, or landlord could sue you for breach of lease and file an eviction. An eviction is a permanent court record that can make it difficult to rent from a landlord who checks the records. Landlord... Read more »

2 Answers | Asked in Consumer Law and Real Estate Law for Ohio on
Q: Who is the best person to talk to about consumer fraud? I suspect me and my husband are victims of consumer fraud.

My husband and I purchased the cabin. There was a verbal agreement that the seller would help us find a mover. I told him we would need help with getting a mover the first time I spoke to him. He said yes he would. Then when we proposed an offer and before he went in to the house to talk with... Read more »

Vincent Gallo
Vincent Gallo answered on Jun 30, 2020

The District Attorney.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: Must a new owner honor an agreement made by the tenant with a previous owner?

My lease ended on 26 June. I am due to move out on 15 Jul. My previous landlord texted me with the sum of pro-rated rent ($875) for my last days on 26 June. On 27 June, the new landlord demanded full rent ($1800) for the month of July (1st - 30th). He said my old landlord was not in a position to... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 30, 2020

Your new landlord doesn't understand how contracts work. The lease, in this case, an oral month to month lease, can exist and be enforceable when both parties make a promise to do a thing to the other. Your old landlord's promise was to let your rent for part of the month. Your promise... Read more »

2 Answers | Asked in Real Estate Law for Ohio on
Q: My son owns property and for 15+ years has had an agreement with the next door neighbors to use a portion of their

property to access the rear of my son's property where he stores his boats and camper. Last year the neighbor sold his property and the new neighbors won't allow my son to use that piece of property to get to the rear of his own. The agreement with the former neighbor was verbal, nothing... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 29, 2020

Probably not. A claim of "adverse possession" against a neighbor requires 21 years of use, and the use must be "adverse." If it was done with old neighbor's permission, then it was permissive, not adverse. He could offer new neighbors a payment for an easement, but they don't have to agree.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: I purchased a home in April. Within three weeks of living at my home I had undisclosed plumbing issues. What can I do?

I have spoken with the plumber who has had to clear sewer lines in at least 3 occasions and the cities sewer manager also said a drain issue was discussed with the home owner at least 3 years prior to selling the house

Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 28, 2020

You may have a cause of action for fraudulent nondisclosure. This will depend on whether there was an inspection contingency in the purchase agreement that included an inspection for sewer lines, which is unlikely as that is not commonly inspected. If you are able to prevail then you may be... Read more »

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