Ohio Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust

State:
Multi-State
Control #:
US-01014BG
Format:
Word; 
Rich Text
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Description

Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.

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  • Preview Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust
  • Preview Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust
  • Preview Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust
  • Preview Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust

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FAQ

Certain business practices are considered "deceptive" (not merely misleading) and thus prohibited by state laws. Examples include bait-and-switch schemes and rolling back a used car's odometer. Ohio deceptive trade practice laws prohibit false advertising, auto odometer tampering, and other shady business practices.

Ohio title rules require that evidence of the trustee's identity, powers, etc. first be recorded on the record. Your Memorandum of Trust fulfills that requirement.

Consumer Sales Practices Act (1972) Prohibits sellers from selling a product or service to a consumer they know cannot afford or substantially benefit from the purchase. Requires sellers to honor guarantees, warranties and rain checks.

Such other claim might be a breach of contract or warranty claims. It is important to note that the CSPA has a relatively short statute of limitations of two years from the date of the violation whether you know about it or not.

Section 5301.233 | Mortgage may secure unpaid balances of advances made.

(A) No supplier shall commit an unfair or deceptive act or practice in connection with a consumer transaction. Such an unfair or deceptive act or practice by a supplier violates this section whether it occurs before, during, or after the transaction.

The CSPA requires sellers (or ?suppliers?) to: Not mislead consumers. Not take advantage of a consumer's illiteracy, mental disability, physical disability, or inability to understand the terms of a sale. Not sell a product or service knowing the consumer cannot afford or substantially benefit from it.

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Ohio Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust