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Kathryn Jeanne Carlisle-Kesling

Kathryn Carlisle-Kesling’s Answers

4 total

  • Can someone tell me what an affidavit of interest in real estate is and what exactly it is used for?

    Thank you.

    Kathryn’s Answer

    Ohio permits the filing of an Affidavit of Facts Relating to Title, pursuant to Ohio Revised Code 5301.252. As with any affidavit, it must be signed by someone with first hand knowledge of the facts and competent to testify. The Affidavit is often used to provide clarity to title examiners and others, who may review the record title of a given piece of real property. For example, if a right of first refusal is contained in a lease agreement and the lease is not filed of record, the landlord may want to record their right to first refuse any sale/purchase. Another common use is to clarify ambiguities contained within the legal descripton. The contents of the affidavit must comply with the statute.

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  • What kind of deed should you have recorded if you are removing a deceased persons name from a limited warranty deed with

    survivorship languange in the deed? I am submitting an affidavit of survivorship and will also need to make sure her name is off anything else but with the deed the court is advising that we have to draft it and I am not sure what type of deed we...

    Kathryn’s Answer

    Estimated legal cost for this type of a simple joint tenant or surviving spouse affidavit should be no more than $100.00. In addition, it must be properly recorded with the county recorder, where the real property is located and the county recorder assess a nominal filing cost.

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  • Can i just walk away from my land contract?

    i am a year and a half into a 3 year agreement i put 5k down and have made all payments for a year and half on time. Can i just walk away and surrender all i have paid and let the owner take the property back?

    Kathryn’s Answer

    You should consult with a skilled and experienced residential real estate attorney to review the LIC, advise you of your rights, and assist you with negotiating with the Seller/Vendor. An issue you must consider is whether you have properly maintained the property. If you have made improvements to the property you will likely be leaving behind that value or will you negotiate for some return of value. Will you request a refund of a downpayment or a portion of the monthly installment payments ? have you paid taxes and insurance. The LIC vehicle is complicated and should be handled carefully. It is not as simple as breaking a lease agreement. There should be a smooth transition and the best way to handle in my practice has been to communicate clearly and negotiate your way out of the deal.

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  • Realestate company did not do a title search on property properly

    now home buyers want to not buy our house because of wrong land acrage. is there anything we can do to recover damages done because people backed out of deal.

    Kathryn’s Answer

    If you are referring to a title insurance/examination company (when you say "real estate company") then the title examination company would only be obligated to furnish the current legal description which is determined from the review of the current deed, and prior deed review for purposes of issuing a title commitment. Check your current title insurance policy which you obtained when you acquired. Your remedy is to make a title insurance claim, if your current legal description is incorrect.
    If you are referring to a real estate surveyor (when you say real estate company) then you may have obtained a survey, during the gap period. Usually your mortgage lender will obtain the mortgage location survey. They surveyor wil also utilize the legal descripton contained on the current and former deeds, as well as re-calculate lot acerage, if this type of survey is being paid for and obtained. Check closely, your current deed may have an incorrect legal description.

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