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Nicholas Charles De Santis

Nicholas De Santis’s Answers

13 total


  • IF YOU LIST A DEFENDANTS ADDRESS..

    If you list a defendants address in a suit and they are a delaware corporation do you list their service of process address or the corporations headquarters in the complaint?

    Nicholas’s Answer

    Providing that you can establish that the the court has jurisdiction in Ohio, you would list the service address. In order for an Ohio court to have jurisdiction they have to do business in Ohio or have some other minimum contact with the State. At any rate, jurisdiction can be a tricky business and complicated legal analysis. You may want to talk to an attorney to make sure you protect your rights.

    Good luck.

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  • Can you be evicted from a home you are purchasing through a morgage company for 2 months behinde on payment?

    I am buying my house through a private morgage company and am 2months behinde. They gave me 3days to pay loan and if not paid I have to evict in 14 days. Can they do this?

    Nicholas’s Answer

    If you are the owner of the property, they cannot evict you upon three days notice. In order to get possession of the property they would have to declare the loan and mortgage in default and initiate foreclosure case. If this is a land-contract--depending on how long you have performed on the contract will determine if they can evict you or if they have to foreclose. In any event, you need to consult an attorney as the facts and loan documents will determine your rights against the mortgage company.

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  • I AM 1/3RD OWNER OF A PROPERTY. THERE IS A MORTGAGE ON THE PROPERTY, IN ONE OF THE OTHER OWNERS NAME WHOM IS DECEASED AND (WE)

    THE OTHER TWO OWNERS WANT TO SIGN THE DEED OVER TO ANOTHER FAMILY MEMBER. WHAT IS THE PROCESS TO DO SO AND WHO WILL BE HELD RESPONSIBLE FOR THE DECEASED PARTY MORTGAGE?

    Nicholas’s Answer

    This is difficult to answer without knowing more. First and foremost, the Mortgage will encumber the property until it is released. The practical import of this is that the mortgage must be paid of before you will be able to pass clear title to anyone else.

    Aside from the Mortgage issue discussed above, the process for transfer will depend on the type of deed. Was it joint tenancy or a survivorship deed? If it was a survivorship deed, you will be able to transfer relatively easily by filing a survivorship affidavit and then by subsequent deed to the intended buyer. If not, the property may have to go through probate. The heirs/beneficiaries of the deceased part owner will then have to go along with any transfer.

    Given the complexities that are involved-- I recommend you consult an attorney.

    I hope this helps. Good luck!

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  • Starting an Independent Production Company (Film & Television), in order to get grants, which is better Non-Profit or LLC?

    I'd like to get a grant for equipment and a building, but also pay employees.

    Nicholas’s Answer

    This is difficult to answer with the limited detail provided. That being said, it probably comes down to whether or not you wish to make distributions to the members. Ohio Non-Profits have a no distribution rule. The practical effect of this is your members (shareholders) will only be able to receive reimbursements for expenses and will not be able to receive a share of any profits.

    I hope this helps.

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  • Can I buy property back at Sheriff's sale? What will the starting bid be and if I don't win how long to redeem after sale?

    Sheriff sale next month. Appraised at $72000. I owed $78,000 when I left. To get current $84,000. The mortgage was discharged nearly 3 years ago and I left the property over a year ago. I know the starting bid will start at least 2/3 of appra...

    Nicholas’s Answer

    You can redeem the property up until the confirmation order by depositing with the clerk the amount of the judgment indicated in the decree. (R.C. 2329.33). If you bid on your own property, it will most likely be set aside by the court and you could risk contempt proceedings.

    After the sale and confirmation, the court (upon request of the plaintiff) will issue a writ of possession which will "evict" you from the property.
    I hope this helps.

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  • Can I file an injunction against someone who has a taxi business without the proper licensing?

    We have an established taxi business, but someone in the area is driving their own car/cab saying they have a taxi business, but they are not legit. This person does not have the proper licensing or permits to being this business. Plus they are ...

    Nicholas’s Answer

    Injunctions are difficult to obtain. That being said, you may have a claim for an unfair trade practice under Revised Code Section 1345.02. You will have to contact an attorney who specializes in this sort of claim so that your claim may be evaluated.

    I agree that your first order of business is to report the violator to the appropriate administrative body.

    Good luck!

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  • Can we sale our home with the land?

    In-laws supposedly gave us 2.45 acres (It's in our name). They made us sign an affidavit that if we moved we could move our house but land goes back them. They filed this affidavit with the courts.

    Nicholas’s Answer

    The situation you described is unique and (depending on what the documents actually say and do) may not be unenforceable. The only way to get good advise in this instance is to contact an attorney. Without looking at the deed, (and any restrictive covenants contained therein) along with the affidavit, it is hard to tell. Sorry I could not be of more help. Good luck!

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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...

    Nicholas’s Answer

    The short answer is you don't absolutely need to do a new deed if the prior deed had survivorship language. An Affidavit of surviving spouse should do it. That being said, should you want to do a new deed, a quit-claim deed is sufficient. Hope that helps.

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  • My deceased ex-husband had all assets put into a special needs trust for our son. How long should it take for available funds?

    When my son's father passed away, we were not told anything about his estate. It has been 45 days now. I asked for a copy of his trust with no response from the Trustee. My son is under age 18.

    Nicholas’s Answer

    • Selected as best answer

    You should also have your son request a copy of the trust (or you should request it expressly on his behalf). Ohio law (Revised Code Section 58085.13 imposes certain duties on the trustee to keep beneficiaries informed. Since you are not a beneficiary (at least it did not appear so from your question) a request on your own behalf might not trigger these rights. Hope this helps. Good luck!

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  • Is it lawful to allow banks to invoke the jurisdiction of the courts without entering any preliminary judicial reports?

    Two banks two mortgages one parcel. The courts allowed the banks to invoke their jurisdiction without proving they have a marketable title. Bank A only entered a Final Judicial Report. Bank B did not enter any Judicial reports period. Can anythin...

    Nicholas’s Answer

    The bank who initiated the proceeding is required by statute to submit a preliminary judicial report with an effective date within 30 days of filing the complaint or motion requesting sale. (See Revised Code Section 2329.191) Failure to submit this title work can be a serious error that may warrant a reversal. That being said, if there is a final judicial report that was filed by the initiating bank there is most likely a preliminary judicial report as well. Check the attachments to the complaint and the Court's docket just to be sure. Good luck!

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