Legal Question in Real Estate Law in Ohio

what documents are necessary in Ohio in making a mortgage loan from one individual to another individual and where are these documents filed?


Asked on 5/17/13, 10:59 am

2 Answers from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

ANSWER: Mortgage documents, to be valid and binding, must conform with the formalities prescribed in the state statutes applicable. These include, for example, the names of the parties, their addresses, the consideration ($$$), legal descriptions, property address, specific terms of the mortgage, interest, principal, repayment, default, remedies, etc.

I urge you retain the assistance and advice of experienced Counsel to prepare these complex legal and technical documents, necessary to protect your rights and interests.

Sincerely,

J. Norman Stark, Attorney

Cleveland, Ohio

(216)531-5310 Ext. 22

Email: [email protected]

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Answered on 5/18/13, 5:26 am
J. Norman Stark J. Norman Stark , Attorney, Architect

supplemental response: Your Real Estate Attorney will select the required docuents to suit your specific mortgage needs. Here's a checklist of the many forms, but only two or three are really required to record a valid mortgage in Ohio.

Sincerely,

J. Norman Stark, Attorney

(216) 531-5310 Ext. 22

A B C

Alien registration certification

Alternative credit references

Appraisal value

Articles of incorporation

Asset statement(s)

Assignment of lease

Assumption agreement

Authorization for payoff letter Bank deposit slip

Bank statement(s)

Bankruptcy

Bill of sale

Birth certificate

Brokerage statement(s)

Builder's certification

Builder's warranty California escrow agreement

Cancelled check(s)

Cash out explanation letter

CD

Certificate of deposit

Certificate of occupancy

Commitment letter for secondary financing

Common use driveway

Conservator agreement

Contract for deed

Conveyance deed

Counseling checklist for military homebuyers

Court order

Credit counseling documentation

Credit explanation

Credit report inconsistencies

D E F

Death certificate

Deed transfer

Deposit slip

Derogatory credit explanation

Discharge papers

Divorce decree

Driver's license Employee business expense

Employment contract

Employment verification

Energy efficient construction certification

Environmental hazard notice

Executed note for second mortgage

Existing subordinate financing

Explanation of delinquent credit

Explanation of inquiries on credit report Federal tax return

FHA amendatory clause

FHA documents

FHA fee appraiser inspection

Financial hardships explanation

Financial statements

Flood insurance

Form I-94

Foster care contract

Foundation certification

G H I

Gift funds

Green Card

Guardianship agreement Hazard insurance

Heating certification

HOA documentation

Home Owners Association documentation

Homebuyer education completion certification

Homeowner's insurance

HUD-1 settlement statement

HUD-92900 addendum Identification

Incorporation articles

INS form I-94

Inspection certification

Insurance � flood

Insurance � hazard

Insurance � homeowner's

Insurance � life

Insurance � wind

Intent to occupy

Interest rate disclosure

Interest rate reduction refinance agreement

IRS 1065

IRS 1099

IRS 2106

IRS 4506-T

J K L

Judicial decree (no documents) Land trust rider

Large deposit explanation

Lease agreement

Lease assignment

Lease with option to buy agreement

Leasehold Agreement

Legal separation agreement

Lender statement

Letter from employer

Letter of explanation

Letter of intent to occupy

Lien release

Life insurance

Line-of-credit freeze letter

List of business debts

Loan note

M N O

Marriage certificate Notice of special flood hazard Occupancy certificate

P Q R

Partnership agreement

Pay check

Pay stub

Payment history

Payoff statement

Pension income

Pest inspection

Plan for saving closing funds

Power of attorney

Private road

Profit and Loss (P&L) statement

Promissory note

Property survey

Property tax statement

Published value

Purchase agreement

Purchase contract Quit claim deed Real Estate schedule

Rebuild letter

Receipt of a final Truth in Lending disclosure

Receipts

Release of lien

Relocation benefits

Rent with option to buy agreement

Rental agreement

Request for tax transcript

Request to waive rescission period

Required repair inspection

Retirement account

Retirement income

S T U

Savings bond

Schedule A

Schedule B

Schedule C

Schedule D

Schedule E

Schedule F

Schedule K-1

Schedule of Real Estate

School transcript

Secondary financing letter

Secured loan note

Self-employment verification

Separation agreement

Septic inspection

Shared well agreement

Signed document(s)

Signed FHA/VA document(s)

Significant increases in bank or brokerage statements

Social Security card

Social Security income

Source of funds

Statement of explanation

Statement of occupancy

Stock certificates

Structural inspection

Student loan deferral letter

Sub-lease agreement

Subordinate financing

Survey Tax form - 1040/1040EZ

Tax form - IRS 1065

Tax form - IRS 1099

Tax form - IRS 2106

Tax liens

Tax return - corporate

Tax return - federal

Title insurance

Title report

Transcript

Trust account

Trust agreement

Trust certificate

Trust documents

Trustees statement

Tuition statement (no documents)

V W X

VA benefits verification

VA certificate of eligibility

VA documents

VA questionnaire form

Verification documentation

Verification of employment

Verification of self-employment

Visa

Voluntary escrow payment designation form W-2

Warranty deed

Water inspection

Wind damage insurance

Windstorm and hail damage insurance

Wire transfer confirmation

Withdrawal statement

Written explanation

Written request to rescind (cancel) (no documents)

Y Z #

(no documents) (no documents) 1003 loan application

1040/1040EZ

1065

1099

2106

4506-T

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Answered on 5/18/13, 3:03 pm


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