Recent Blog Posts

New Law regarding Past Due Child Support and Penalties

Joseph and Joseph — Mon, 07 Nov 2011 16:19:00 GMT

See new article at http://www.josephandjoseph.com/Articles/Article-23.aspx in connection with New Law regarding Past Due Child Support and Penalties

Can Spousal Support Be Modified After Divorce or Dissolution? Maybe Not

Joseph and Joseph — Thu, 03 Nov 2011 16:33:00 GMT

Can Spousal Support Be Modified After Divorce or Dissolution? Maybe Not According to A Recent Case!

Can you modify spousal support after the divorce or dissolution? A recent case in Ohio's 10th Appellate District has an interesting twist (Piliero v. Piliero, 2011-Ohio-4364), using a 5 prong approach to answer this question:

1. Did the Decree expressly reserve Jurisdiction?

2. Did a substantial change of circumstance occur?

3. Was this change NOT contemplated at the time of the original decree?

If all three elements invoke a YES answer, then the next prongs are:

4. Is spousal support still necessary?

5. In what amount?

If testimony indicates that the change of circumstance (#3) WAS contemplated at the time of the original divorce or dissolution decree, then the court can rule that the support cannot change, despite the language in the decree stating that it would be modifiable upon a substantial change of circumstance. Before you enter into an Agreed Divorce or a Dissolution, it is imperative to have an attorney carefully draft this language.

Suggestions for Reducing Legal Fees!

Joseph and Joseph — Thu, 22 Sep 2011 17:00:00 GMT

Suggestions for Reducing Legal Fees! Keeping your legal fees as reasonable as possible is one of our law firm's concerns while at the same time providing you with quality legal representation. See our article giving suggestions that may assit you in reducing your legal fees---> Suggestions for Reducing Legal Fees!

Hamilton County Law Library Publishes Partition Article

Joseph and Joseph — Tue, 09 Aug 2011 17:32:00 GMT

Hamilton County Law Library Publishes Article:

A Case for a Partition Action? Breaking Up Is Hard to Do: Especially if You Own Real Estate Together and Aren't Married by John Joseph of Joseph & Joseph.

http://www.hamilton-co.org/cinlawlib/newsletters/current.pdf

ADVERSE POSSESSION

Joseph and Joseph — Mon, 27 Jun 2011 18:12:00 GMT

ADVERSE POSSESSION: Legally Stealing Real Property; But What if there is an Intervening Dispossession or Divorce from the Land?

See New Article: http://www.josephandjoseph.com/Articles/Article-21.aspx

Is My Spouse/Significant Other Cheating? WIRETAPPING IN OHIO

Joseph and Joseph — Mon, 13 Jun 2011 13:47:00 GMT

See new article: Is My Spouse/Significant Other Cheating? WIRETAPPING IN OHIO

The Difficult Life of the Landlord

Joseph and Joseph — Fri, 27 May 2011 19:57:00 GMT

See the New Article, "the Difficult Life of the Landlord," discussing "the Landlord who tries to be nice," and "the tenants who scheme Against the Landlord!" -----> http://www.josephandjoseph.com/Articles/Article-19.aspx

2011 AV Preeminent rating of John James Joseph

John Joseph — Wed, 04 May 2011 20:28:00 GMT

"Highest Possible Rating in Both Legal Ability & Ethical Standards Reflecting the confidential opinions of members of the Bar and Judiciary." Martindale-Hubbell http://on.fb.me/jBTgkG

John Joseph interview regarding lack of safety standards for retention ponds

John Joseph — Tue, 19 Apr 2011 19:58:00 GMT

NBC 4 interviews John Joseph after tragic deaths at an apartment complex's retention pond. Swimming pools require safety standards, but not retention ponds. http://bit.ly/dSSxGn

Foreclosures Down 4 Percent in 2010

John Joseph — Thu, 10 Feb 2011 23:25:00 GMT

The Supreme Court of Ohio annouced today that for the first time in 15 years Ohio foreclosure case filings declined compared to the previous year. Fifty-eight counties saw decreases in the number of foreclosures compared to 30 counties who experienced an increase.Cleveland's County of Cuyahoga lead the state in the number of foreclosures although it experienced a 9 percent decline from the previous year. In its statement the Court said, "The statewide decline in foreclosures is significant, given that the Court reported a 14th consecutive annual increase in 2009."

Breaking Up Is Hard to Do: Especially if you own Real Estate together and Aren't Married: A Case for A Partition Action?

John Joseph — Thu, 20 Jan 2011 20:50:00 GMT

Breaking up any type of relationship can be difficult, but add the ownership of real estate to the mix and it can become even more troublesome. Domestic Relations Court has the ability to decide the equities and disposition of real estate between separating or divorcing spouses, but what about unmarried individuals? Where can they turn to resolve differences over the ownership and disposition of jointly owned real estate?

This has been a recurring problem that this firm has been called upon to resolve many times both in the heterosexual and same sex relationships. The issues are the same. If we are lucky enough to represent one of the parties prior to the acquisition of the real estate, we are able to make recommendations, such as the preparation of an agreement regarding the disposition of the real estate or the use of various legal entities to hold title. Unfortunately, more often than not, we are not representing one of the parties prior to ownership, and are presented with the problem when the break up is occurring between the joint owners.

Assuming everything else is equal, if the parties are in agreement, resolving it is likely to be easy. Resolution becomes a matter of dealing with the conveyance, any existing mortgage, and dividing of the equity in the property. However, with most breakups, agreement between the parties has long past. We then must determine the goals of each of the parties, and devise strategies to obtain the best outcome. When all else fails, litigation may be the course that needs to be followed.

The law can be slow in evolving to fit the circumstances that exist in present day society. That is the case with resolving disputes over unmarried joint owners. A Partition Action is a law suit which has its beginnings in the common law. It was used in the days that farms passed down from the farmer to his sons. When the sons could not agree on how to run the farm together, one or more of them could commence a partition action, asking the court to fairly divide the farm between the brothers.

Partition Action exists in the codified law of today. However, it is still cloaked in the garb of the common law, with a focus of dividing the farm amongst joint owners. Unfortunately, a Partition Action is like an old remedy for a new disease, and often does not work perfectly in the urban setting. That is, not unless you want the court to divide an urban house in half like in the movie War of the Roses, with Michael Douglas and Kathleen Turner.

A Partition Action can ask that the property be sold if it is determined that it cannot be divided. Certainly this is the usual case for a residential urban property. Each of the parties has an opportunity to purchase it for the appraised value. If neither elects to do so, the property is sold at auction.

We have utilized the Partition Action to force the issue with a recalcitrant party who refuses to act. The good news for the party seeking this remedy is that the court can award attorney fees to the Plaintiff who commences the action.

We find that each client's case requires thought and analysis to develop the right strategy to seek the desired result. Often we will combine the Partition Action with other counts containing other legal theories. I analogize this to a chemotherapy cocktail to kill the specific strain of cancer. Clients going through this process with a terminating relationship seem to like this analogy for some reason.

A Partition Action should not be filed by a novice. A thorough understanding of the process, and the consequences and risks must be understood. Our experience is that the Court itself does not know or understand this type of case and must be educated through the process. Although there can never be a guarantee that it will happen in every case, the good news is that we have seen most parties coming to their senses when this action gets filed, and the differences are resolved.

Joseph & Joseph Preeminent Lawyers 2011 and AV Rated

John Joseph — Fri, 07 Jan 2011 17:00:00 GMT

For 2011 Joseph & Joseph has again been Rated AV in the areas of Real Estate Law and Family Law and is Listed in Martindale-Hubble Bar Register of Peeminent Lawyers 2011. AV is the highest rating a firm can receive and this rating is the result of a structured peer review and is based upon the confidential opinions of ...practicing attorneys and members of the judiciary.

Busted! Jennifer Joseph quoted in Cover Article of the Other Paper about the use of Facebook in Divorce Cases

John Joseph — Thu, 16 Sep 2010 17:05:00 GMT

See Article of the other paper --> The Other Paper: Busted

John Joseph Selected by Peers For Inclusion in the 2011 edition of The Best Lawyers in America

Jennifer Joseph — Mon, 09 Aug 2010 15:50:00 GMT

Congratulations to John Joseph on having been selected by his peers for inclusion in the 2011 edition of The Best Lawyers in America. Indeed, a special congratulations are in order because he is one of a distinguished group of attorneys who have now been listed in Best LawyersÂ® for ten years or longer. He has been listed beginning in 1993.

For over a quarter of a century, Best Lawyers has been regarded - by both the profession and the public - as the definitive guide to legal excellence in the United States. Because selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey (comprising more than 3.1 million confidential evaluations by top attorneys) and because no fee or purchase is required to be listed, inclusion in Best Lawyers is rightly considered a singular honor. The annual, advertisement-free publication has been described by The American Lawyer as "the most respected referral list of attorneys in practice."

REAL ESTATE INVESTORS, BUYERS, AND SELLERS TAKING NON-TRADITIONAL PATHS

John Joseph — Mon, 03 May 2010 16:02:00 GMT

What are the Investors, Buyers, Sellers and others involved in the Real Estate Industry to do in these times where foreclosures and evictions are prominent and bank loans are very hard to find or come with such requirements that make it almost impossible to do business? Many Real Estate investors are finding themselves taking non-traditional paths in order to make deals happen. Due to buyer's inability to obtain financing, many sellers are now turning to variations of "owner-financing." Some sellers are offering options for buyers such as note/mortgage seller financing, wrap mortgages, land contracts, leases, and leases with options to purchase. Some of these non-traditional paths can be fraught with unexpected consequences and need to be examined carefully, with the risks fully understood before they are attempted.

The sellers who offer to sell their property and provide owner financing by taking back a note and mortgage are in essence becoming the bank. They trade their ownership in the property for a promissory note, a promise to pay, secured by a lien on the property. Before entertaining this type of transaction the parties need to understand the transaction and the consequences if the transaction goes bad. The state of the economy is the reason the parties are entering into the nontraditional transaction, but these same parties may find themselves joining the multitudes of banks and debtors in line at the court house, and a part of the foreclosure fiasco. The traditional banks have always been meticulous in documenting and securing their loans. A seller should be just as meticulous. Choosing the appropriate promissory note and/or the appropriate mortgage can save the seller months and even years of litigation expense. Assuming the parties finally get to the point of a sheriff sale, the parties need to know about the bidding process, deficiency judgments, and what a bankruptcy might do to the process.

If the seller does not own the property free and clear from any encumbrance, the owner financing becomes that much more problematic. The seller might try to sell the property subject to their mortgage. These sellers might use a wrap mortgage behind their lender's mortgage in an attempt to secure their position in the event their buyer fails to pay the mortgage. An understanding of the bidding process in foreclosure is important to know the consequences of such a wrap mortgage especially since it is in the secondary position. However, the seller's mortgage company, more often than not, placed a due on sale or due on encumbrance clause in its mortgage. These clauses allow the first lender to call the loan and foreclose upon the property if the property is conveyed or another lien is put on the property. The seller's mortgage company could send both parties into the foreclosure process notwithstanding the faithful payment of the monthly installments on the first mortgage.

Some sellers and buyers have turned to the land installment contracts in order to sell and buy a property. These contracts are defined and governed by Chapter 5313 of the Ohio Revised Code. In general these contracts are executory agreements where the seller agrees to convey title and the buyer agrees to pay the purchase price in installment payments while the seller retains title to the property as security. These contracts became popular in the early 1980's when mortgage interest rates soared into the mid teens. Buyers did not want to buy at those rates, and promised to pay seller's mortgage which was at a much lower rate. Since the 1980s most banks became wise to this concept and now these contracts typically violate the due on sale clauses as described above. The current financing slow down has caused a resurgence of this contract. Aside from the foreclosure procedures described above, Chapter 5313 imposes certain obligations on the seller such as the recording of the contract, and provides for various remedies depending on the state of the economics of the contract at the time of default. Even though sellers retain title to the property, they may be required to foreclose upon default as opposed to evicting. Buyers do not have title to the property and therefore need to concern themselves as to whether the seller can convey title at the point of maturity of the contract.

Instead of selling, some investors are leasing their property. Leases with options to purchase are alternatives for owners to hold on to potential buyers for their properties until the buyers are able to finance the properties on their own. Drafting of the lease must be done carefully to avoid the transaction from falling within the laws and obligations governing land installment contracts. If the lease is for the use and occupancy of residential premises, the parties may be subjecting themselves to the Landlord/Tenant Laws. These laws impose specific obligations on the Landlord and Tenant, some of which may not have occurred to the parties since their ultimate intent was a sale and purchase of the property. As with the land installment contract, the seller should determine whether the lease terms violate the terms of their mortgage, and the buyer should concern themselves with whether this seller can transfer the property at the time they exercise the option to purchase.

While sellers and buyers are using alternative means to close deals, they must do so with careful consideration to the risks. Entering these transactions on a whim, without due consideration is a formula for disaster. That does not mean that the parties should not utilize alternative and creative means to get the deals done; indeed, that may be the only way to do business in these times. However, this is not the time to cut corners. Both sellers and buyers need to make sure that each business deal is done in a manner that reduces their risks, or at least that they understand those risks.