Anderson's Ohio Residential Real Estate Manual
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Anderson's Ohio Residential Real Estate Manual discusses all the steps in a residential real estate transaction and alerts the user to issues that may interrupt the smooth flow of a purchase or sale. Covering topics such as brokers, contracts of sale, financing, title and title insurance, land registration, actions to quiet title, foreclosure, deeds, closings, condominiums, taxes, and liens and replete with frequently used forms – both official and attorney drafted – it collects in one place a wealth of guidance at every step of the process. Checklists and strategic points help ensure that no detail is overlooked.
The previous edition's ISBN is 9781663370464.
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Table of contents
Chapter 1 Brokers
1.01 Overview of brokers
1.02 Checklist for drafting or negotiating purposes
1.03 Compensation for brokers
1.04 The deal falls through
1.05 Other limits on rights to commission
1.06 Conflicts of interest: the Ohio statute Forms
Chapter 2 Contract of Sale
2.01 Overview of contract of sale
2.02 Checklist for contract of sale
2.03 Conflicts of interest
2.04 Formalities
2.05 “Earnest money”
2.06 Equitable conversion; risk of loss
2.07 Quality of title
2.08 Conditions
2.09 Merger of contract into deed
2.10 Condition of premises; disclosures and warranties
2.11 Fixtures; included personal property
2.12 Time of Possession
2.13 Time of performance
2.14 Remedies; specific performance
2.15 Land installment contracts
2.16 Electronic Transmission of Contracts
2.17 Auctions
2.18 Short Sale
2.19 Lease with Option to Purchase Forms
Chapter 3 Financing
3.01 Overview of financing
3.02 Checklist for financing
3.03 Financing basics
3.04 Original financing
3.05 Documentation
3.06 The secondary market
3.07 Assuming or taking subject to
3.08 Prepayment penalties
3.09 Escrows for taxes and insurance
3.10 Rescission in Refinancing Loans
3.11 Land installment contracts
3.12 Usury
3.13 Predatory Loans
3.14 Federal Financing Assistance
3.15 Ohio Financing Assistance
3.16 Home Equity Loans
3.17 Lease with Option to Purchase Forms
3.18 Mortgage Flipping
3.19 Oral Modification of Mortgage
Chapter 4 Titles
4.01 Overview of titles
4.02 Checklist for titles
4.03 Common Law
4.04 Ohio recording statutes—Deeds
4.05 Ohio Recording Statutes—Mortgages
4.06 Indexing of deeds and mortgages
4.07 Other records—Plats and Liens
4.08 Bar title standards
4.09 Curing title defects
4.10 “Chain of title”
4.11 Adverse possession
4.12 Land use restrictions
4.13 Easements
4.14 UCC fixtures
4.15 Assessments and other liens
4.16 Water Rights
4.17 Gas and oil liens
4.18 Fence Lines
4.19 Low Cost Alternative Energy Revolving Loan Program Lien
4.20 Manufactured Home/Mobile Home/Trailer
Chapter 5 Marketable Title Act
5.01 Overview of marketable title act
5.02 Checklist for marketable title act
5.03 Operation of the act
5.04 Preserving pre-root interests
5.05 Exceptions
5.06 Possession, adverse and otherwise
5.07 “Wild deeds”
5.08 “Void deeds”
Chapter 6 Land Registration and Actions to Quiet Title
6.01 Overview of land registration and actions to quiet title
6.02 Land registration
6.03 Actions to quiet title
Chapter 7 Litigation
7.01 Overview of litigation
7.02 Checklist for litigation
7.03 Lis pendens
7.04 Judicial proceedings
7.05 Personal jurisdiction
7.06 Probate
7.07 Foreclosure and related procedures
7.08 Domestic relations
7.09 Bankruptcy
7.10 Reformation and Recission
7.11 Military
7.12 Special Rights of Redemption
7.13 Fraudulent Conveyances
7.14 Constructive Trust
7.15 Partition
7.16 Slander of Title Forms
7.17 Ohio Consumer Sales Practices Act
7.18 Arbitration
7.19 Public Nuisances-Abandoned Property
Chapter 8 Title Insurance, Survey and Appraisal
8.01 Overview of insurance, survey and appraisal
8.02 Checklist for insurance, survey and appraisal
8.03 Is any title coverage necessary?
8.04 Attorney opinion versus title insurance
8.05 The title company
8.06 Survey
8.07 Ohio Predatory Lending Law
8.08 Liability of Title Company
8.09 Appraisal Forms
Chapter 9 Deeds
9.01 Overview of deeds
9.02 Checklist for deeds
9.03 Descriptions
9.04 Title warranties
9.05 Special grantors
9.06 Delivery; Acceptance; Recording
9.07 Formalities
9.08 Interest conveyed
9.09 “Void” or “Voidable”
9.10 Transfer on death deed/Affidavit
9.11 Legacy Trusts
9.12 Domestic Relations Forms
Chapter 10 Closings
10.01 Overview of closings
10.02 Checklist for closings
10.03 Truth In Lending (Regulation Z)
10.04 Real Estate Settlement Procedures Act (RESPA)
10.05 New Rules and Forms from CFPB
10.06 Escrow closings
10.07 Internal Revenue Service requirements
10.08 Other Laws
10.09 Power of attorney
10.10 Rental Property
10.11 Prior Loan Pay-Off and Mortgage Release
10.12 Transfer and recording fees
10.13 Private Transfer Fees
10.14 Lender’s Charges
10.15 ERecording
10.16 Good Funds
Chapter 11 Housing Discrimination
11.01 Overview of housing discrimination
11.02 Coverage
11.03 Discrimination in financing
11.04 Burial lots
11.05 Same Sex Discrimination—The Obergefell Case
11.06 Ohio Penalties
Chapter 12 Condominiums; Planned Community Owner’s Associations
12.01 Overview of condominiums; planned community owners’ associations
12.02 The condominium concept
12.03 Condition of the premises
12.04 Other problems for purchaser
12.05 Insurance
12.06 Conversion of rental property
12.07 Cost of ownership
12.08 Liens
12.09 Problems with condominium ownership
12.10 Cooperatives
12.11 Planned Community
12.12 Air rights
12.13 Landominiums Forms
Chapter 13 Taxes
13.01 Overview of taxes
13.02 Deductions
13.03 Gain or loss on sale
13.04 Installment sales
13.05 “Vacation” homes
13.06 State and local property taxes
13.07 Housing and Economic Recovery Act of 2008 Forms
Chapter 14 Construction Contracts/Mechanics’ Liens
14.01 Overview of construction contracts/mechanics’ liens
14.02 Checklist of construction contracts/mechanics’ liens
14.03 Location of home
14.04 Building plans and specifications
14.05 Availability of utilities
14.06 Variance
14.07 Payment of the builder
14.08 Closing
14.09 Owner’s claims against contractor
14.10 Owner’s claims against governmental agency
14.11 Failure to Build
14.12 Damages
14.13 Disputes between general contractor and subcontractors Forms