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Real Property Successor Trustee Affidavit
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Section 5312.08 | Common elements; maintenance, repair and replacement.

...epairable, for the value of the damaged property or item as it existed immediately prior to that damage.

Section 5312.09 | Assignment or conveyance of rights or interest in common elements.

...(A)(1) The owners association may not assign the right to common assessments, or the future income from those assessments, or convey any fee interest or any security interest in any portion of the common elements unless the declaration specifically provides for such a conveyance or seventy-five per cent of the voting power of the owners association, or any larger percentage the declaration specifies, approves t...

Section 5312.10 | Common expense liability.

...(A)(1) In accordance with its declaration, all costs the owners association incurs in the administration, governance, and maintenance of a planned community are common expenses. Unless otherwise provided in the declaration, all costs of the administration, operation, maintenance, repair, and replacement of the common elements are common expenses. (2) The common expense liability of each lot shall be allocated...

Section 5312.11 | Individual lot assessments.

...e following: (1) A description of the property damage or violation; (2) The amount of the proposed charge or assessment; (3) A statement that the owner has a right to a hearing before the board to contest the proposed charge or assessment; (4) A statement setting forth the procedures to request a hearing; (5) A reasonable date by which the owner must cure a continuing violation to avoid the proposed charge ...

Section 5312.12 | Liens.

...lease and satisfaction of mortgages on real property or unless it is discharged by the final judgment or order of a court in an action brought to discharge the lien as provided in this section. (4) The lien is prior to any lien or encumbrance subsequently arising or created, except liens for real estate taxes and assessments of political subdivisions and liens of first mortgages that have been filed for record...

Section 5312.13 | Compliance with covenants, conditions and restrictions; action for damages.

...The owners association and all owners, residents, tenants, and other persons lawfully in possession and control of any part of an ownership interest shall comply with any covenant, condition, and restriction set forth in any recorded document to which they are subject, and with the bylaws and the rules of the owners association, as lawfully amended. Any violation is grounds for the owners association or any own...

Section 5312.14 | Service of process.

...In any action relating to the common elements or to any right, duty, or obligation possessed or imposed upon the owners association by statute or otherwise, the owners association may sue or be sued as a separate legal entity. Service of summons or other process may be made upon the owners association by serving the process personally upon the president of the board of directors or the person named as statutory...

Section 5312.15 | Construction of chapter.

...This chapter shall be construed to establish a uniform framework for the operation and management of planned communities in this state and to supplement any planned community governing document that is in existence on the effective date of this chapter. In the event of a specific conflict between this chapter and express requirements or restrictions in such a governing document, the governing document shall control. ...

Section 5312.16 | Solar energy collection devices.

... following: (1) A description of the property damage or violation; (2) The amount of the proposed charge or assessment; (3) A statement that the owner has a right to a hearing before the board of directors to contest the proposed charge or assessment; (4) A statement setting forth the procedures to request a hearing; (5) A reasonable date by which the unit owner must cure the violation to avoid the pro...

Section 5313.01 | Land installment contract definitions.

...land installment contract, or any legal successor in interest to that person. (E) "Legal description" means a description of the property by metes and bounds or lot numbers of a recorded plat including a description of any portion of the property subject to an easement or reservation, if any.

Section 5313.02 | Required provisions of land installment contracts.

...contract, except a mortgage that covers real property in addition to the property that is the subject of the contract where the vendor has made written disclosure to the vendee of the amount of the mortgage and the release price, if any, attributable to the property in question. No vendor shall place a mortgage on the property in an amount greater than the balance due on the contract without the consent of the vende...

Section 5313.03 | Biannual statements furnished to vendee.

...Every vendor under a land installment contract shall, at least once a year or on demand of the vendee, but no more than twice a year, furnish a statement to the vendee showing the following: (A) The amount credited to principal and interest; (B) The balance due. A land contract passbook issued by the vendor or a financial institution shall be sufficient compliance with this section.

Section 5313.04 | Vendee to enforce chapter provisions.

...Upon the failure of any vendor to comply with Chapter 5313. of the Revised Code, the vendee may enforce such provisions in a municipal court, county court, or court of common pleas. Upon the determination of the court that the vendor has failed to comply with these provisions, the court shall grant appropriate relief.

Section 5313.05 | Default of vendee.

...When the vendee of a land installment contract defaults in payment, forfeiture of the interest of the vendee under the contract may be enforced only after the expiration of thirty days from the date of the default. A vendee in default may, prior to the expiration of the thirty-day period, avoid the forfeiture of his interest under the contract by making all payments currently due under the contract and by paying any...

Section 5313.06 | Notice of forfeiture.

...entifies the contract and describes the property covered by it; (B) Specifies the terms and conditions of the contract which have not been complied with; (C) Notifies the vendee that the contract will stand forfeited unless the vendee performs the terms and conditions of the contract within ten days of the completed service of notice and notifies the vendee to leave the premises. Such notice shall be served by the...

Section 5313.07 | Proceeding for foreclosure and judicial sale.

...he vendor may recover possession of his property only by use of a proceeding for foreclosure and judicial sale of the foreclosed property as provided in section 2323.07 of the Revised Code. Such action may be commenced after expiration of the period of time prescribed by sections 5313.05 and 5313.06 of the Revised Code. In such an action, as between the vendor and vendee, the vendor shall be entitled to proceeds of t...

Section 5313.08 | Action for forfeiture and restitution.

...ent contract and for restitution of his property under Chapter 1923. of the Revised Code. When bringing the action under Chapter 1923. of the Revised Code, the vendor complies with the notice requirement of division (A) of section 1923.04 of the Revised Code by serving notice pursuant to section 5313.06 of the Revised Code. The court may also grant any other claim arising out of the contract.

Section 5313.09 | Instrument of cancellation of land contract.

...nty recorder of the county in which the property is located. The county recorder of such county shall record such authenticated judgment as an instrument of cancellation under section 5301.331 of the Revised Code.

Section 5313.10 | Terminating land installment contract is exclusive remedy.

...lus deterioration or destruction of the property occasioned by the vendee's use. In such case the vendor may recover the difference between the amount paid by the vendee on the contract and the fair rental value of the property plus an amount for the deterioration or destruction of the property occasioned by the vendee's use.

Section 5315.01 | Definitions; creation.

...rower" includes the original borrower's successor in interest. (2) "D.O.L.L.A.R. d eed in lieu of foreclosure" means a transaction in which a borrower, after default on a loan s ecured by a mortgage on real property, conveys to the l ender by deed that satisfies t he minimum requirements of section 5302.11 of the Revised Code, title to the real property pledged as security for the r elated note of indebtedness. (...

Section 5315.02 | Rules.

...To assist in the establishment of the D.O.L.L.A.R. deed program, the Ohio housing finance agency shall adopt in rule all of the following: (A) A model form by which a person may apply to participate in the program; (B) A model for the deed, which act shall as the deed in lieu of foreclosure described in division (A)(1) of section 5315.04 of the Revised Code; (C) A model for the lease with option to purchase agreem...

Section 5315.03 | Application; qualifications; participation.

...de; (2) A request for modification and affidavit form developed under the home affordable modification program. (B) To qualify for the program, all of the following shall apply: (1) The applicant need not be eligible for another mortgage loss mitigation alternative or program. (2) The applicant's front-end and back-end debt-to-income ratios must fall below the current ratios set for the home affordable modificati...

Section 5315.04 | Execution of deed in lieu of foreclosure; documents.

...f redemption. (2) A notarized estoppel affidavit, which shall be included in the deed, that shall affirm all of the following: (a) That the mortgage and title to the real property are not merged; (b) That the lender retains its lien position and its right to foreclose on any junior lienholders after the transfer; (c) That the transfer by deed in lieu of foreclosure is an absolute conveyance of title to the real p...

Section 5315.05 | Parties to lease with option to purchase agreement.

...wer-lessee's right to purchase the real property under division (B) of section 5315.04 of the Revised Code and has no further right of possession or occupancy and shall be subject to a forcible entry and detainer action under section 5321.03 and Chapter 1923. of the Revised Code.

Section 5321.01 | Landlord and tenant definitions.

... deposit" means any deposit of money or property to secure performance by the tenant under a rental agreement. (F) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. (G) "Controlled substance" has the same meaning as in section 3719.01 of the Revised C...