Aileen Shannon Sexton's Answers

In Ohio, If my mother passed away and owned a house, with no will, am I obligated to take the house and maintain the property ?

If your mother died intestate and was not married, you and any of your siblings are her natural heirs, although that does not require you to accept disposition of her assets, and in turn responsibility for them. If you do not want the house, then you need to file your intention with the Cuyahoga County Probate Court. You said she was under guardianship of an attorney during the last two years of her life. I would start by talking to him/her about the situation. Unless the house has been...

Do I have to file an eviction notice for a squatter?

Unfortunately, the answer is yes. In Ohio, you must first give a 30 days notice in writing, followed by a 3 day notice prior to filing for eviction with the court (assuming he does not move out after either of the notices). There are specific requirements regarding language in the notices. You can obtain more information from housing court and/or from a licensed practicing attorney. Please be advised that no attorney-client relationship has been formed based on the response to your posting.

Question regarding lease renewal

It does not make much sense for the apartment company to lose a good paying tenant (assuming you are). I would go to the leasing office and ask them to assist you if you still want to stay there. Without knowing more about the terms of your lease and requirements for termination, I cannot opine on whether it is legal or not, but it is reasonable to think they would accept your recission of notice to vacate in order to keep you as a tenant. If the local leasing office is not helpful, then I...

Can the orginiating bank sue for foreclosure once it sells the note/mortgage?

Generally, Bank A should have no right to foreclosure, unless Bank C has sold the loan back to Bank A but if that occurred and you have not been informed, then you have not defaulted with Bank A. Did Bank A file an assignment of the mortgage to Bank B with the County Recorder's office? It seems very strange that Bank A would be filing. Have you brought this up to your contact at Bank C? Even if Bank A does not have the right to foreclose, do not ignore this.

When does a real estate lien expire?

The case will not be reopened as a judgment has already been issued and the time to appeal has passed. The judgment lien itself must be renewed every five years however, and if the creditor does not do so, it will lose its lien upon your home. At this point, your best chance for selling your home without being subject to the judgment lien is after the five years has expired and the lien is not renewed. You should consult an attorney and have a title search done to see what encumbrances are...

OH real estate laws, purchased home still has other persons personal property is it considered abandoned

Unless the purchase agreement specified otherwise, all property located on the real property became yours upon transfer of title. You have already gone above and beyond by contacting the owner and giving him the opportunity to come and get his thngs to no response. At this point, it is yours and you can do with it what you please (sell it, donate it, keep it). If you have any further questions regarding this, I am a licensed attorney in Ohio (Cleveland area) and would be happy to assist you.

Is there a Real Estate form to transfer a deed upon death of the owner? (Other than joint tenancy or a will.)

Some states, such as Ohio, have adopted transfer on death deeds where your son has no interest in your property until the grantors have died. It is effected by granting interest to yourselves with a transfer on death interest to your son. I do not know if Indiana uses this type of transfer deed.

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Do I need a real estate lawyer

The law is usually on the tenant's side, however, what you should have done instead of just withholding your rent was paid it into escrow with notice to the landlord that it was being put in escrow pending his completion of the work. Many cities have special accounts for this to assist tenants when landlords do not uphold their requirements under a lease. Also, you should have had landlord's agreement to do the work in writing as part of your lease and I am guessing from the fact that you...

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Do we need a real estate attorney since suing our landlord for all our secuity deposit not returned,and now going to trial.

It depends on where you filed your suit. IF filed in small claims court, then you cannot use an attorney, and neither can your landlord (unless he owns the property in a legal entity, in which case he will have to hire an attorney to represent the entity, as otherwise he would be practicing law without a license. If you can afford an attorney, it may be worth it to at least consult with one regarding your options.

Do I need a Real Estate Attorney?

To fully answer your question, I would like more information. Is Mr. Friedman the property owner? Who contracted with you for the door? You could file a materialmen's or mechanic's lien against the property depending on the time from when you installed it and what the required timeline is for filing in VA. I suggest you seek an attorney to fully understand your rights. I would not suggest trying to "repo" the door. You could be charged with both civil and criminal charges.