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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Divorce and Real Estate Law for Ohio on
Q: Is there anything I can do?

In 2015 I purchased a home. My ex(never married) and I, months later, after putting a lot of work into the house, split. Her and her father went behind my back to the loan office and drew up the paperwork to sell her the house for the same price I bought it for. I signed them. I didn't know... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 5, 2022

You'll have to have an attorney review all the facts and advise you if you have any possible claims, such as fraud, or whether you might negotiate a resolution. Use the Find a Lawyer tab to retain a local attorney.

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Ohio on
Q: How long does HUD have to release a lien after paying off a partial claim?

I had a HUD partial claim with NOVAD. I recently refinanced and my lender paid off the partial claim as part of the refinance. The title company advised me that the check was cashed by NOVAD on 10/25/2021. It is now 12/24/2021. I have not received any official correspondence from NOVAD or my lender... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 25, 2021

Ohio requires a satisfaction of mortgage to be filed 90dsys after payment

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can a transfer of a mortgage free deed contain stipulations to the grantee?

Our mom passed a year ago and had no creditors to pay. Her home is paid off and we (6 children) are deciding to quit claim deed the house over to only one of her children. Is there a type of deed that will guarantee that the property can be reclaimed by the remaining 5 if the 1 grantee defaults in... Read more »

Matthew Williams
Matthew Williams answered on Dec 18, 2021

You all need to sit down with a lawyer. If you quit claim you are giving up all rights and responsibilities. You won’t be able to restrict anything.

1 Answer | Asked in Civil Litigation, Real Estate Law and Probate for Ohio on
Q: Dear Sir, I wish to buy my partner shares.

Dear Sir, I wish to buy my partner shares. he passed long years ago, the shares are still in this name, what is the easier solution to buy those shares from his grandchildren’s.

Matthew Williams
Matthew Williams answered on Dec 18, 2021

If they own them. The first thing to do is sit down with a lawyer and figure out who owns the shares based on your partnership agreement and his will and/or the probate of the estate.

2 Answers | Asked in Elder Law, Real Estate Law and Public Benefits for Ohio on
Q: House & mortgage in both names. Does dad need POA to put house in his name only since she is in nursing home with Alz?

Mom has Alzheimers and is in nursing home. How does dad go about changing deed to his name only?

Bruce Martin Broyles
Bruce Martin Broyles answered on Dec 14, 2021

Your mother is not capable of executing any document. In order to transfer real property most likely a guardianship will have to be placed by the Probate Court. Your mother is in a nursing home, so unless the assets of your parents are already protected, they will be required to spend down their... Read more »

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1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: How can a wife get legal access to husbands apartment in ohio to live if not on lease? Can he allow me to be homeless.

I never lived at the apartment and we moved then he wouldn’t let me in or give me a key.

Joseph Jaap
Joseph Jaap answered on Nov 16, 2021

You can file for divorce and ask for spousal support to help you pay for a place to live and ask for him to pay your legal expenses. Use the Find a Lawyer tab to retain a local divorce attorney who can advise you of your options.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Business Law for Ohio on
Q: My wife owned a cemetery plot and passed without a will. Does it go to me?

My wife owned a cemetery plot and passed without a will. She had three children from a previous marriage but paid for the plot while we were married. As her next of kin, do I now own that plot?

Aaron Epling
Aaron Epling answered on Nov 1, 2021

Call the cemetery and ask them. Sometimes, cemetery plots will pass under cemetery rules. Even if it has to go through probate, you will probably be able to get it.

1 Answer | Asked in Real Estate Law for Ohio on
Q: If my grandfather signed the house over to me 14 years ago can he just take it back
Joseph Jaap
Joseph Jaap answered on Nov 1, 2021

Use the Find a Lawyer tab to retain a local real estate attorney who can search the title to the house in the county real estate records, determine the document he used to sign it over to you, and advise you if it can be taken back.

1 Answer | Asked in Real Estate Law for Ohio on
Q: If my grandfather signed over his house to me 14 years ago can he just take it back
Anthony C. Satariano
Anthony C. Satariano answered on Oct 29, 2021

If your grandfather completed a full transfer (i.e. the property is now deeded to you without any contingencies) then it is unlikely he can just :take it back". I suggest speaking with a lawyer to have them review the documents involved with the "signing over".

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: What can I do if my property manager wont replace my moldy AC unit?

The AC unit is included in the rental, but not mentioned specifically in the lease. I notified my property manger on Sept. 28th that the window AC unit had mold behind the vents. I asked for it to be replaced and after a little back and forth they said they had to order a new unit and it would be... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 28, 2021

You'll have to work it out with the property manager. AC won't be needed for months. With all the supply chain disruption, AC equipment might be hard to find until spring.

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: My grandmother died and owes on her mortgage. Could you tell me the process of me being the successor of the property?

We were living with her when she died but without the deed we can't get water in our name and we can't pay mortgage payments without them giving us the account info

Joseph Jaap
Joseph Jaap answered on Oct 22, 2021

You can check the county real estate records to get a copy of the deed. A family member will have to file her will in the probate court to be appointed executor, or if she had no will, apply to be appointed administrator of her estate, who will then have legal authority to deal with her finances,... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Ohio on
Q: If I go 50/50 on a house with my parents and they pay the mortgage to me as rent, could Medicaid put a lien on it?

My parents are in their 70s and my father isn't in the best health.

Andrew Popp
Andrew Popp answered on Oct 12, 2021

You're walking a fine line here. Ohio Medicaid presumes that transfers to family members are "improper" under the Medicaid rules. The burden is on you to prove otherwise.

Issue 1: Could Medicaid put a lien on the house? - It depends on how title to the home is held. If...
Read more »

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Ohio on
Q: Does SSI have to be paid back after death?

My grandfather died in june leaving his assets in trust to his son and daughter equally. His son (my dad) died before receiving his half of assets. My dad was on Supplemental Security Income at time of death and for last 10 years. The family says his half of the assets will pass into his estate to... Read more »

Andrew Popp
Andrew Popp answered on Oct 8, 2021

SSI works differently than the Medicaid program. While the federal government has mandated that state Medicaid programs are to seek reimbursement from the estate of a deceased under certain circumstances, it does not extend to SSI benefits. That being said, if an overpayment was made by SSI to... Read more »

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1 Answer | Asked in Real Estate Law, Tax Law, Civil Rights and Constitutional Law for Ohio on
Q: Wtf does this mean

So I quit claim deed was given to me 7 years ago and I've been going through a divorce for almost that amount of time and it was just finalized a week ago Thursday and I went to file and paid the convenience fees and the recording fees but something wasn't on the deed a number I... Read more »

Andrew Popp
Andrew Popp answered on Oct 4, 2021

You need to sit down with an attorney in your area so he or she can take a detailed look at your situation. This issue is going to be to involved for an answer on this forum.

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Small Claims for Ohio on
Q: Is it illegal to build a snowman using snow from someone else's property?

They don't have a fenced in yard or any signs that say private property.

Andrew Popp
Andrew Popp answered on Sep 23, 2021

It sounds like you may be trespassing on their property. For a definitive answer you need to sit down with a local criminal defense attorney to evaluate the specifics of your situation.

Best of luck.

1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Ohio on
Q: Why don’t HOA’s allow essential critical infrastructure workers, emergency plumber, park their vehicles at their homes?

When renting the home I was not told or given any information about the HOA, nothing in the lease. I am trying to work w HOA, even tho legally they should be dealing with home owners, but they are just condescending, rude, and bullying throwing their attorneys around. I have been nothing but... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 21, 2021

HOAs are governed by a set of rules specified in a declaration that has been recorded in the county records and is binding on all the home owners and any others staying in any of the homes. The HOA rules provide fines or legal action for violations. They typically prohibit outside parking of... Read more »

2 Answers | Asked in Elder Law and Real Estate Law for Ohio on
Q: My mother and I own a home jointly with a survivorship. My mother passed away, Can medicaid take my home?
Moshe Toron Esq
Moshe Toron Esq answered on Sep 14, 2021

Medicaid could put a lien on half of the house in order to recoup any funds they paid on behalf of your mother. This is assuming she was in a nursing home or received nursing home waiver services or received Medicaid benefits after age 55.

However, if you took care of your mother for 2...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: Retaliatory $100 rent increase after inspection. Any recourse?

I complained to my elderly landlady how cold my tiny rental house (mo.-to-mo., no lease) was this winter, and the vents clogged with dust. Nothing was done. So I applied for a low-income energy inspection through an OH state dev. program (COAD). I got approved & an inspection date. I informed... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 13, 2021

With only a month to month lease, there is no guarantee of rent, and no limit on any rent increases, even if they seem retaliatory. A month to month tenancy can be terminated by either landlord or tenant by giving 30 days notice in writing. So try to work it out with landlord after she calms... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Does having Appraisal gap nullify appraisal contingency ?

Does having Appraisal gap nullify appraisal contingency ?

As a buyer, I have an appraisal contingency of walking out from the offer if the appraisal is less than contract price.

However, i also have an appraisal gap of bridging the cost upto a certain amount.

I have changed... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Sep 12, 2021

To be certain an attorney should review your purchase agreement. Most that I have seen allow you to terminate the contract if the appraisal comes in lower, but you usually have to notify the seller that you are terminating the contract within a specific amount of time

1 Answer | Asked in Real Estate Law and Civil Rights for Ohio on
Q: Is it wrong to ask my landlord questions?

All i asked him was if he cleaned the restroom before moving in and i wasnt rude about it and he said if i wasnt happy he will give the security deposit back and he has 20 other people wanting in.

Joseph Jaap
Joseph Jaap answered on Sep 2, 2021

Nothing wrong to ask. But landlord doesn't need a reason not to rent to you. If landlord is discriminating on the basis of race, sex, age, etc. then you might have a claim.

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