Finding an Experienced Ohio Probate Lawyer If you are in need of legal assistance for a probate case in Ohio, it’s essential to find an experienced Ohio probate lawyer who can help you navigate the legal complexities of the process. Before calling a lawyer, it’s important to prepare yourself and have a clear understanding of […]
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All foreclosures are not created equal
I’ve fielded many questions from real estate investors about how a foreclosure works in Ohio. The most common question goes something like this: “do I get clear title if I buy this property,” but what they’re really asking about is the risk. The only real answer to this question is, with any other area of […]
Continue ReadingPrivate Lending Documents
An investor, maybe you, wants to lend some money to a real estate investor. What kind of documents are required for this transaction? The answer depends on the complexity of the transaction, but lending professionals tend to use similar documents across the board for a standard transaction. We will start with the most important documents […]
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Due Diligence for Landing Real Estate Deals Private lending, or “hard money” lending, is a great way to deploy funds in a self-directed IRA. With interest rates approaching 15-20% in some cases and fixed payments coming in every month backed by real estate, it’s a passive investment that’s hard to beat. In this article, I’ve […]
Continue ReadingThe truth about land trusts in Ohio
In my real estate law practice, clients often ask about land trusts and how to use them in Ohio. The truth is that in my opinion these structures needlessly complicate an investor’s deal structure and don’t provide any benefits that aren’t already available with an Ohio LLC. They’re often pushed by ‘strategists’ who don’t have […]
Continue ReadingHome sale fraud: examples
Understanding Home Sale Fraud: Examples of Court Cases Home sale fraud by the seller is so common that we deal with it nearly every day. When I hold a consultation with a client, it’s often helpful to give examples of prior instances of fraud where a court held the seller liable. This gives us a […]
Continue ReadingDividing the Founders’ Pie: Startup Ownership
Fairness in Dividing the Founders: Understanding Startup Ownership One of the questions I wish clients would ask more is whether their division of ownership is a fair one. Most owners, in their fairness calculation, apply the following formula: 100% ÷ number of founders This advanced calculus may appear fair and equitable, but the reality is […]
Continue ReadingMechanics Lien Basics for Contractors
Mechanics Lien are the easiest way for a contractor to collect from deadbeat customers. The legal process, however, is not easy. Below we’ll detail some of the requirements and give a practical overview of the process. Why a mechanic’s lien? A mechanics lien has the same effect as a mortgage on the property. If you […]
Continue ReadingSuing the seller for fraud
Every time there’s a torrential downpour, we can count on many new homebuyers calling us with stories of wet basements and leaky roofs. These problems can put a homeowner out thousands. It’s only fair that a seller who advertised the home as perfectly dry and habitable should be held to account for concealing a leaky […]
Continue ReadingBorrower-paid attorney fees in foreclosure? Unlawful
Many promissory notes and mortgages contain a provision awarding attorney’s fees for foreclosing on the borrower. This even includes Fannie Mae’s uniform mortgage for Ohio. Many lenders can and do successfully collect attorney’s fees on collection and foreclosure judgments. However, as we know elsewhere in real estate law, just because the contract says you can do […]
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