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We signed a contract to purchase a house for a specific sale price. The property was presented to have 1844 square feet. I thought it felt smaller and when I asked the realtor said wait for the appraisal to see. After appraisal it was noted the sale price was within market range but the actual... View More 
answered on Nov 6, 2024
For a more thorough answer an attorney would need to review your purchase agreement. A standard purchase agreement would have an appraisal contingency. However, the contingency is usually fulfilled if the property appraises for the amount of the purchase price. With the square footage being off,... View More
We signed a contract to purchase a house for a specific sale price. The property was presented to have 1844 square feet. I thought it felt smaller and when I asked the realtor said wait for the appraisal to see. After appraisal it was noted the sale price was within market range but the actual... View More
answered on Nov 6, 2024
Most house listings have a disclaimer stating that the information is not guaranteed to be accurate, and buyer should verify it. Most purchase contracts also state that any statements by agents are not to be relied on by buyer. Most purchase contacts also advise buyers to get whatever inspections... View More
My neighbor hired a surveyor who put in a new property pin and staked the property line. The new property pin is approximately 4.5 feet from the previous one. The previous pin is listed on my Warranty Deed. The triangle shaped staked area in question cuts through my carport. My carport has been in... View More
answered on Oct 16, 2024
Talk to the surveyor who set the new pin and compare to the plat or legal description of your parcel. You might have to hire your own surveyor to confirm your boundaries and determine if the carport encroaches. Even if there is no encroachment, it might not meet the zoning setback requirements.... View More
My neighbor hired a surveyor who put in a new property pin and staked the property line. The new property pin is approximately 4.5 feet from the previous one. The previous pin is listed on my Warranty Deed. The triangle shaped staked area in question cuts through my carport. My carport has been in... View More
answered on Oct 17, 2024
It is important to note that monuments and landmarks take precedent over surveys from legal descriptions. If the monuments have been placed there some time ago, you need to discuss the issue with your neighbor. Otherwise, you have a boundary dispute and the Court will determine whether the... View More
I currently live in FL; however, recently I was named as a defendant for a property that is being foreclosed on in Summit County Ohio. I owned the property in 2014 and sold it in 2016 and currently have no interest in the property. I am not sure how I was named in this situation with the courts.... View More
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answered on Oct 8, 2024
It is likely that you were named in an abundance of caution as having a potential interest in the property. All parties with an interest in a property must be named in a foreclosure. You can likely do nothing and be fine, but if you'd rather file something with the court disclaiming your... View More
The lot is a .5 acre lot in Adelphi Ohio. There are two mobile homes on the lot they rent the lots but own the homes. We want to buy our own mobile home to move to the lot. Can we have the current tenants move if given a reasonable time to vacate? Would we be legally responsible for any cost in... View More
answered on Oct 3, 2024
You are on notice of a rental agreement so you are bound by the terms. Once you know the terms and conditions as well as the length of the agreement (term) you can cancel the contract or refuse to renew.
There are very specific laws regarding mobile home parks and the eviction process. It... View More
I purchased a property in 2024, my mortgage survey showed my west boundary line 3 feet outside of my garage. My neighbor is building a house and presented me with a pin survey he had completed in 2023 showing the boundary line is 5.5 feet inside my garage. I have started the process of going... View More
answered on Sep 24, 2024
Have a survey performed, and if your neighbor is correct file a temporary restraining order against further construction and a declaratory judgment action for the court to determine the rights of the parties. It is not when you purchased the property, but when the home was constructed, (or may be... View More
supposed to split all bills. all she has done, increased our utilities. accuses us of stealing. she is extremely paranoid.she has destroyed property. she has broken our washing machine. she has brought roaches into ourhome. she does very sneaky things. my husband and I both are seeing a doctor and... View More
answered on Aug 28, 2024
That sounds like a difficult situation. The proper eviction process can take several weeks, and that can create a tense situation before a tenant can be removed. Some landlords don't follow the proper eviction process to remove tenants and lock them out, and the tenant then sues the landlord... View More
Contract will be paid off next year. Does his death present a problem?
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answered on Aug 14, 2024
Husband's death should not alter the execution of the contract. However you should know that you do not own the property, only a contractual right to demand a deed upon the final payment with no other defaults. Be very careful. You may wish to pay the remaining payments off now and... View More
the person is someone who works in the office for my neighborhood, i own the home, we just rent the land its on.
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answered on Jun 15, 2024
If someone is looking through your windows and taking photos, you may have grounds to build a case against them for invasion of privacy. This behavior can be intrusive and might violate your right to privacy within your own home. It's important to document the incident, including any evidence... View More
In Mom's Will, there is no mention of her mortgage or who inherits the house. Neither child wants it. Small, inexpensive estate and we can't find anything on life insurance. Who pays mortgage? Can I as executor sell it? Am I legally still required to pay on the house until it is sold?... View More
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answered on Apr 22, 2024
I'm so sorry for your loss. Dealing with a parent's estate can be complicated, especially when there are outstanding debts like a mortgage. Here's some general information, but I would strongly recommend consulting with a probate attorney in Ohio to get specific legal advice for your... View More
I have had 2 OH lawyers say that an OH lawyer has to create my Trust since I reside in OH, but I own several rental properties and a second home in TN. The TN lawyer said he absolutely can create my trust.
Does one state trump the other or is it a free for all?
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answered on Apr 23, 2024
Both Ohio and Tennessee are part of the Uniform Trust Code. That means that a trust in either state will be enforceable in the other, so it doesn't really matter who drafts. There may be other planning reasons to stick with an Ohio lawyer, but it's not this one.
I have had 2 OH lawyers say that an OH lawyer has to create my Trust since I reside in OH, but I own several rental properties and a second home in TN. The TN lawyer said he absolutely can create my trust.
Does one state trump the other or is it a free for all?
answered on Apr 22, 2024
You can probably use an attorney in either state. I would defer to your state of residency, though, since other assets could end up in the trust. Further, you may want a will that addresses your trust and the TN lawyer cannot draft a will for an OH resident. Location of the successor trustee(s) and... View More
But then my realtor told me that if the new home does not appraise for what the offer was
I still have to go through with the sell of my home. That leaves us without a home. Is this so
That I have to go through with the sell.
answered on Apr 18, 2024
The answer to your question requires a review of your contract to sell your home. The sale of your home is conditioned upon you finding a new home. The language of that condition will be the key to determining your rights. "It is contingent on me finding a house." Any house, a house... View More
But then my realtor told me that if the new home does not appraise for what the offer was
I still have to go through with the sell of my home. That leaves us without a home. Is this so
That I have to go through with the sell.
answered on Apr 18, 2024
Well it sounds like this might be the case, there's really no substitute by for investing in the time of an attorney to actually review the language of the agreement about what you're talking. It's the contract for sale of the home and your agreement with the realtor that's... View More
My sister and I now own the condo. I still live here but now my sister refuses to pay her half of the taxes. I pay my half, HOH fees and all improvements and updates. If I don't pay her half can I be responsible
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answered on Apr 5, 2024
Yes. You are jointly responsible for all fees.
On the other hand, you live there, she doesn't. You are getting all of the benefit of the condo.
If you really don't like the arrangement, you can try to buy each other out or do a sale by partition if you can't agree.
I'm in the process of buying a home from a less than friendly seller (who lives in another house elsewhere). In late Feb 2024 the two of us met to sign a contract which stated his intent to sell me the property, the price, and some other minor details. He hired the lawyer who wrote it up, we... View More
answered on Apr 3, 2024
It depends on the contract. The escrow deposit is generally forfeited to the seller if the buyer doesn't close on time or apply for a mortgage quickly enough. But, as the buyer, your next step is to schedule a new date to close by and make the date "time of the essence." This will... View More
I am not the owner of a shared driveway. The driveway owner doesn't maintain it and at times it gets almost unusable, until I call and pay someone to have it graded, which is basically just a band aid to make it usable.
Also, the driveway is approx. a quarter mile long.
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answered on Apr 1, 2024
In a situation involving a shared driveway where the owner is not properly maintaining it, you have a few options to address the issue:
1. Communicate with the owner: Try to have a friendly conversation with the driveway owner about the maintenance issues. Explain your concerns and see if... View More
He left everything to my children (two minors ages 8 and 6) to be held in trust until they reach 30 years old. He owns a home which I know he would want to be kept for them. He named a family friend to serve as the Executor of the will and Trustee for the kids. Well we were evicted from the place... View More
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answered on Mar 30, 2024
In your situation, it's crucial to understand that the legal dynamics surrounding estates, trusts, and real estate can be complex, especially when it involves minors and inherited property. Given the urgency of your eviction and the specific circumstances, seeking legal advice from an attorney... View More
My mother died and there is a Transfer on Death affidavit so my sister gets the house. There is still a mortgage on the house. Can my sister be added to the mortgage without having the Ability-To_Repay rule be applied? That is, can she be added without looking at her credit history? We did not... View More
answered on Mar 28, 2024
Once the lender verifies that the person is a bona fide successor in interest there is not supposed to be any inquiry into the successor in interest's finances.
The CFPB issued an interpretation in 2014 stating:
the creditor's written acknowledgement of the successor as... View More
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