Get free answers to your Real Estate Law legal questions from lawyers in your area.
She isn't on deed or mortgage
answered on Jun 5, 2023
It sounds like you may want to contact a real estate attorney to draft a contract for an assignment of the lease to this partner. It is not clear if this will be sufficient to bind whoever succeeds you to owning the property after your eventual demise.
The mail boxes old and the lock system is now broken so the mail carriers can not open it to deliver our mail. It has been 3 weeks! Does the owners of the park have to fix this and how long do they have?
answered on Jun 3, 2023
This would depend entirely on your agreement with trailer park. Trailer parks so not fall under the landlord tenant act unless you are renting the trailer rather than just the lot.
In OH, can you keep property obtained in marriage fully separate (during the marriage, not just in case of divorce), sell and do as you want with it without involvement of spouse (nothing shady, just both agreeing to full independence, one in other country caring for family both needing to act... View More 
answered on Jun 2, 2023
In Ohio you can now enter into postnuptial agreements to treat property separately. There are conditions, however. The full values of all property by both spouses must be fully disclosed and the spouse must both have the benefit of independent counsel. There still is the issue of dower as well... View More
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... View More
I am making an offer on a property and this is stated on the offer contract
answered on Apr 25, 2023
The parties to a contract are free to make whatever terms they like (within reason). How you split up the various fees involved in a property sale is a matter that can be negotiated. If you sign an agreement that says you are responsible for a fee, you should expect to pay it.
My mom and dad got divorced in 2005 and decided the house would go to me or my dad had to sell it and split the profits. My dad lied and said he sold it to my sister, but what really happened was my sister forged my moms name and also notarized the quit claim deed in 2007 saying my mom was giving... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2023
Most fraud has a statute of limitations date of four years from the date of discovery. It sounds like you are well past the statute of limitations to contest the fraudulent deed.
I own a house in Ohio that my parents are currently living in. I live in Texas. My father is on hospice and my mother just recently had a partial foot amputation. My sister decided to use FMLA to stay and take care of them, well mainly to take care of my dad. She is now terrorizing the home. I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2023
Call Ohio adult protective services ASAP: https://aps.jfs.ohio.gov/
If she doesn't actually live there, then change the locks and lock her out. She is not a tenant and not subject to Ohio tenant protections. Call the police as well and report her for trespassing.
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... View 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... View 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... View 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... View 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... View 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... View 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... View More
a home improvement loan she had on the property?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2023
You are not personally responsible for the loan, but there is likely a lien on the house as a result of the loan allowing the lender to foreclose on the property if the loan is not satisfied.
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... View 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... View More
.
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... View 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... View More
Developer created a HOA when building neighborhood. He created a non profit corporation via secretary of state and filed declaration of restrictions with county recorders office. According to the restrictions it states management and voting control concerning all issues regarding association... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2023
It's less about paperwork and more about use. If no one is actually utilizing the HOA, then a strong argument can be made that the restrictions and provisions of the HOA no longer apply.
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... View 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.... View 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... View 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... View 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... View 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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
