Buying a home is an exciting and complicated event. A lot of planning and preparation can make the process go as smoothly as possible and helps avoid future problems. First-time homebuyers should consider taking a class to learn as much as possible about how to look for a home, real estate scams and services, bank products such as mortgages and home equity lines of credit, and responsibilities for property taxes, insurance, utilities, maintenance, etc.
- Property taxes
- Mortgages
- Foreclosure
Foreclosure Resources
If you are in need of foreclosure assistance and prevention, you can call the Cuyahoga County Foreclosure Prevention Program or “Save the Dream” Program. This brief brochure includes contact information for both programs as well as other information about The Legal Aid Society and its services.
More information is available in this short brochure published by Legal Aid: Resources for Foreclosure Prevention
How Do I Preserve Wealth with Accurate Home Ownership Records?
Homeownership is a big investment and should be protected. Whether you inherited your home, plan to leave the property to someone, or want to sell the house, your ownership records must be accurate and up to date.
Buying or selling a home requires a clear title. “Title” refers to ownership of property. The person named on the deed has title to or owns the property. Usually when a home is being sold, a title search confirms that the property has “clear title” for the new owner. A “clear title” is a title without any restrictions, such as a lien.
This is important information for a buyer to know before purchasing a home. A “lien” is a notice attached to the property indicating that the owner owes some money. A property may have a tax lien for unpaid taxes or a mechanics lien for money owed to a contractor for repairs.
Problems sometimes occur when someone inherits property without properly transferring the title. For example, sometimes a home passes through a family for generations without anyone recording transfer of title. A sign that property may have a title problem is if a prior owner’s name is on the deed, water bill or property tax bill. Outdated ownership records will cause problems if you plan to sell your home or leave your home to someone, access repair programs, or negotiate property tax payment plans.
The Legal Aid Society of Cleveland is partnering with Slavic Village Development Corporation and Burten, Bell, Carr Development to help people preserve wealth by resolving issues related to home ownership records. Call 216.861.5019 for free information and help ensuring current and future ownership of your home is properly documented.
This article was written by Chloé Sudduth and appeared in The Alert: Volume 35, Issue 1.
Can paying property taxes on time help avoid foreclosure?
Property taxes can be confusing to many people. But understanding them will make you a more secure homeowner.
You must pay your property taxes every year. Property taxes are usually split up into two bills that cover six months each. Many people do not realize they are paying property taxes. If you have a mortgage, your bank may be collecting what you owe for taxes each month and holding it “in escrow.” The escrow money is included in your monthly mortgage bill. The bank then pays the bill for you every six months, which makes it easy for people to forget about property taxes. But it’s important to remember them.
If you do not have a mortgage (or have paid off your mortgage), you have to pay your property taxes directly to your County Treasurer. (See the Homestead Exemption article that explains how you can lower your tax bill, if you are over 65 or disabled). It is important to set aside money each month to pay your twice-yearly property tax bills. Some County Treasurers have programs where you can pay your taxes over 12 monthly payments, instead of making larger payments twice per year.
Importantly, the County can take your home from you if you fail to pay your property taxes. This is called a property tax foreclosure. If you get notices that you are behind on your property taxes, start paying as much as you can right away! The longer you wait, the more late fees and additional charges you will owe. The longer you wait, the more at risk you are of losing your home.
You might be able to work out a payment plan if you talk to your County Treasurer:
Ashtabula County–(440) 576-3727
Cuyahoga County– (216) 443-7420 (Taxpayer Services)
Geauga County– (440) 279-2000
Lake County– (440) 350-2516
Lorain County– (440) 329-5787
Sometimes the county sells an overdue property tax debt to a private company such as Woods Cove or TaxEase. These private companies can also foreclose on your home if you do not pay the old property tax bills that they purchased.
If you are contacted by a private company about your property taxes, you should always check with your County Treasurer before paying a company that claims to own your old taxes. You want to make sure that the private company really does have the right to collect your property tax money. If a private company does own your old tax debt, you should ask that company about a payment plan to pay off the old taxes and avoid foreclosure.
Remember, even if you send money to a private company to pay off old taxes, you are still responsible for paying your current and future property taxes directly to your County Treasurer.
Paying your property taxes on time each year will help you keep your home and avoid foreclosure.
This article was written by Rebecca Maurer and appeared in The Alert: Volume 33, Issue 3. Click here to read a full PDF of this issue!
What is Ohio’s Homestead Exemption?
Ohio has two types of Homestead Exemption: (1) senior and disabled persons homestead exemption and (2) disabled veterans enhanced homestead exemption.
Senior and Disabled Persons Homestead Exemption protects the first $25,000 of your home’s value from taxation. For example, if your home is worth $100,000, you will be taxed as if the home were worth $75,000.
Who is eligible?
- A homeowner who owns and lives in the home as their primary residence as of January 1st of the year for which they apply and
• is 65 years old (or who will turn 65 the year for which they apply) or
• is permanently and totally disabled as of the 1st day of the year for which they apply. - The surviving spouse of a person who had been enrolled in Homestead who was at least 59 years of age when the spouse died.
- Applicants must have a total gross income (applicant plus applicant’s spouse, if any) below the amount set by law each year. The 2017 household income limit is $31,800. See www.tax.ohio.gov for income limits in future years.
Disabled Veterans Enhanced Homestead Exemption protects the first $50,000 of your home’s value from taxation. For example, if your home is worth $100,000, you will be taxed as if the home were worth $50,000.
Who is eligible?
A homeowner who owns and lives in the home as their primary residence as of January 1st of the year for which they apply and
- is a veteran of the Armed Forces of the United States (including Reserves and the National Guard) who was discharged or released from active duty under honorable conditions; and
- has received a 100% disability rating for compensation based on individual un-employability for a service-connected disability or combination of service-connected disabilities.
What property is eligible?
For both exemptions:
The property must be where you usually live;
- You must have been living there as of January 1st of the year for which you apply; and
- You must be on the deed, or if the property is held in a trust, you must give the Auditor a copy of the trust.
How do you apply?
For both exemptions:
- Fill out application form DTE105A—you can get the form at your county Auditor’s office, at your county Auditor’s website, or at the Ohio Department of Taxation’s website (tax.ohio.gov).
- File form DTE105A with your county Auditor—you must file the original form that has your ink signature (not a copy). You cannot electronically file the form.
- If your eligibility is based on AGE, you must submit PROOF OF AGE with your application. You can prove your age with a copy of your driver’s license (current or expired), State of Ohio ID card, birth certificate or passport (current or expired).
- If your eligibility is based on DISABILITY, you must submit PROOF OF DISABILITY with your application. You can prove your disability by getting the Auditor’s Certificate of Disability form signed by your doctor OR by giving the Auditor a copy of a statement from Social Security, the Department of Veterans Affairs, the Railroad Retirement Board, or the Ohio Bureau of Workers Compensation that says you are totally and permanently disabled.
- If your eligibility is based on VETERANS DISABILITY, you must submit the letter you received from the U.S. Department of Veterans Affairs stating that your application for the status of individual un-employability has been granted (including percentage assigned) along with a copy of your DD-214.
When do you apply?
For both exemptions:
- In September 2016, the law changed to allow real property (land and buildings attached to the land) applications to be filed any time before December 31st. If you are applying for the exemption on a manufactured or mobile home, you have to apply on or before the first Monday in June.
- If you were eligible for the exemption last year, but did not apply, you can file a late application for the previous year at the same time that you file your application for the current year.
- If you are approved for the Homestead Exemption, you do not need to re-apply in future years.
To get an application form, or if you need help or have questions, call your county Auditor’s Homestead Department:
In Cuyahoga County, call 216.443.7010
In Ashtabula County, call 440.576.3445
In Lake County, call 440.350.2536
In Geauga County, call 440.279.1617
In Lorain County, call 440.329.5207
This article was written by Kristen Nawrocki and appeared in The Alert: Volume 33, Issue 3. Click here to read a full PDF of this issue!
What must owners tell tenants/buyers about lead paint?
Lead poisoning is one of the leading public health hazards in the U.S. today. The Ohio Department of Health recently tested Cleveland children under 6 and found almost 14% had elevated blood levels. One of the most common sources for child lead poisoning is lead paint hazards from homes built prior to 1978. Low-income individuals are especially vulnerable to having to live in old housing where lead paint is still an issue.
Some protections exist for those purchasing or leasing housing built before 1978. The Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X, covers all housing offered for sale or lease built prior to 1978. This includes private housing, public housing, federally owned housing, and all housing that receives federal assistance.
Under this act, a landlord must provide a tenant with an approved Environmental Protection Agency pamphlet on how to identify and control lead hazards. The landlord must disclose all known lead hazards in the unit and in all common areas a tenant may use. A landlord must also provide a prospective tenant with any lead hazard reports related to the unit. Finally, the lease must include terms stating that the landlord has complied with all the notification requirements in Title X.
Renters and buyers who did not get the required information should call The National Lead Information Center hotline at 1-800-424-LEAD(5323). Callers can request a general information packet, and ask any questions concerning lead. If it turns out the home has a lead hazard, tenants should seek legal assistance. A tenant may sue a landlord if the landlord doesn’t provide the required information. The City of Cleveland’s lead hazard control ordinance declares lead hazards a public nuisance and the Commissioner of Health may order the landlord to abate, or clean up, the nuisance.
Lead poisoning can have long-term, irreversible effects on children. Homeowners and renters moving into a new dwelling should be sure that the seller or landlord provides all required information related to lead in the property.
This article was written by Luke Condon and appeared in The Alert: Volume 33, Issue 2. Click here to read a full PDF of this issue!
What do I need to know about lead poisoning?
Lead poisoning has long been a problem in Northeast Ohio. Children are exposed to lead through paint chips, lead in the soil, and lead in toys. Exposure to high amounts causes lead poisoning, which impacts how our children learn, behave, and develop.
Who is at risk?
Children ages 0-6 and pregnant women are at the greatest risk. Lead poisoning disproportionately impacts renters, minorities, and low-income residents who have less access to affordable, quality housing. Certain zip codes are at higher risk for lead hazards because of the age of their housing and the number of other children who have been poisoned there.1
Where is this problem?
Anywhere children may be exposed to lead. Common sources include old homes with peeling paint, the yard around such homes, outside near high traffic areas, old school buildings, and other buildings where children spend time (e.g. relatives, babysitter, and day care).
What are the signs?
Lead poisoning can cause many negative health impacts but children may not immediately present any symptoms of lead poisoning. Some long term consequences of lead poisoning in children include behavioral problems, cognitive delays, and trouble learning. High levels of lead poisoning can lead to hospitalization. Housing inspections don’t routinely check for lead so parents must spot potential lead hazards in the home and insist on having their child’s lead level’s tested.
When do I need to address this?
Immediately. If your child has not been tested for lead poisoning, talk to your pediatrician. Medicaid pays for lead testing.
What can you do if you’re concerned?
In addition to having your child’s lead levels tested, you can take some steps to limit their exposure to lead. Use HEPA vacuum filters and vacuum windowsills, wipe surfaces periodically, keep shoes at the front door to not track in lead, wash your kids’ hands and faces routinely, clean toys, watch where they play (avoid areas near peeling paint), feed them three meals a day with plenty of iron and calcium (greens, protein, milk). If your child’s lead levels are high,
try to identify the source of the exposure and if necessary, talk with your landlord or explore moving to a new home.
My child has been poisoned, what are my options?
• Get your house inspected. Contact your local health department to request an inspection.
• Request that your landlord remedy the lead paint problem.
• Discuss your options for suing your housing provider with an attorney.
• Seek early intervention. Talk to your pediatrician and contact your county’s Help Me Grow program for enrichment services that can help mediate the impact of lead poisoning.
• Inform the school and ask for your child to be evaluated for special education services to address cognitive or behavioral problems.
1 For a list of high risk zip codes, click here.
For information about resources to address lead poisoning, visit https://lasclev.org/leadpoisonresources
By Lauren Roberts
What can I do about a tax lien on my property?
When a homeowner does not pay a tax debt, the Internal Revenue Service (IRS) may impose a tax lien on the taxpayer’s property. The tax lien can have a negative impact on the individual taxpayer and the community. A tax lien gives the federal government a right to the property or money from the sale of the property before anyone else. Additionally, the IRS can seize and sell this property, making it difficult for property owners to manage their property.
The problem for the taxpayer is that a lien prevents owners from selling their property and makes it difficult for them to refinance their mortgages. As a result, the owner may have to pay high interest rates, may not be able to sell a home, and the likelihood of foreclosure increases. For the community, foreclosures decrease the value of nearby homes, discourage spending in the surrounding area, and contribute to other problems associated with vacant and abandoned property.
People struggling with tax debts and who may already have tax liens on their property, have options to address the situation. First, a taxpayer can complete the IRS’s application for a Certificate of Subordination of Federal Tax Lien. This makes the federal government’s interest in the property come after other creditors, such as the bank that holds the mortgage. The successful completion of this application could make refinancing a mortgage possible for a property owner. Refinancing can reduce the owner’s monthly mortgage payments.
Second, a taxpayer can request that the IRS discharge a tax lien, which can allow the sale of property. Though a discharge does not eliminate the lien altogether, it does remove the lien from the specific property being sold and places a lien on other property the taxpayer may own. Property free from liens is much easier to sell.
Finally, a taxpayer that cannot afford to pay tax debt may qualify for an “Offer in Compromise” (OIC). An OIC is an attempt to settle tax debt with the IRS for less than the amount that is actually owed. If the IRS accepts the settlement offer, the taxpayer’s debt — along with liens on property — will be eliminated.
If you have a problem with the IRS, call 1-888-817-3777 to find out if you are eligible for help from Legal Aid’s Low Income Tax Payer Clinic.
By Frank George
I’m facing a tax foreclosure after a tax lien sale – what should I do?
Consumers facing tax foreclosure after a tax lien sale, or with certain loans and vehicle issues, should call Legal Aid to apply for assistance!
Legal Aid will evaluate and might be able to assist with problems related to student loans, payday loans, auto title loans, used auto purchases involving fraud, and auto repossessions. Additionally, Legal Aid will evaluate cases involving a tax foreclosure or potential tax foreclosure where the county has sold the tax lien debt to a debt collector, and the debt collector is actively collecting on the debt and/or initiating foreclosure.
These matters are new areas of service and are in addition to the numerous other types of problems Legal Aid handles. Please direct applicants to call 1-888-817-3777 to apply.
I am a senior and a homeowner. Are there any special tax breaks for me?
Ohio’s Homestead Exemption exempts the first $25,000 of the value of your home from being taxed. For example, a home that is worth $100,000 will be taxed as if it were worth $75,000. On average people who qualify save $400 a year.
Who is eligible? Homeowners who:
- Are 65 years old or will turn 65 this year, or
- Were permanently and totally disabled on or before the 1st day of the year in which they file, or
- Are the surviving spouse of a person who was already enrolled in Homestead, and the survivor was at least 59 years old when the spouse died.
What property is eligible for the exemption?
- The property must be the place where you live most of the time, and
- You must have been living there as of January 1st, and
- Your name must be on the deed; if the property is held in a trust, you must have a copy of the trust.
You must apply for the exemption by June 3, 2013. (A late application can also be filed for last year.)
If you apply based on your AGE, you must have PROOF OF AGE. For proof, you can use things like a driver’s license (current or expired), State of Ohio ID card, birth certificate or passport (current or expired).
If you apply based on DISABILITY, you must have PROOF OF DISABILITY. For proof, you can give things like the Auditor’s Certificate of Disability form signed by your doctor OR a statement from Social Security, the Department of Veterans Affairs, the Railroad Retirement Board, or the Ohio Bureau of Workers Compensation finding you to be totally and permanently disabled.
If you are found to be eligible, you do not have to re-apply in future years.
To get an application form, more information and help, call your county Auditor’s Homestead Department:
- In Cuyahoga County, call 216.443.7101
- In Ashtabula County, call 440.576.3793
- In Lake County, call 440.350.2536
- In Geauga County, call 440.279.1617
- In Lorain County, call 440.329.5207
This article was written by Legal Aid attorney Marley Eiger and appeared in The Alert: Volume 29, Issue 1. Click here to read the full issue.
Now that a foreclosure case has been filed against me, how long do I have before I lose my house?
You have 28 days from the date that the foreclosure complaint arrived at your house to file an answer to the Complaint. The length of time between the filing of a foreclosure case and the confirmation of the sheriff’s sale of the house (the event that causes ownership of the home to shift from the homeowner to the buyer at the sheriff’s sale) can differ based on the county you live in and your level of participation in the case. Most foreclosure cases take at least 6 months from the date of the filing of the complaint up to the confirmation of the sheriff’s sale. While this may seem like a long time, it is critical that you act quickly to take steps to save your home.
Can I file bankruptcy to save my home?
While bankruptcy is not an instant cure for foreclosure, it could help you save your home, depending on which type of bankruptcy you file.
A Chapter 7 bankruptcy, in which most of your assets are liquidated and sold to your creditors, will halt a foreclosure case for a short time, but it will not prevent a foreclosure.
A Chapter 13 bankruptcy, in which you enter into a repayment plan on your debts, can save your house from foreclosure if you make all payments under the repayment plan.
You should contact a bankruptcy attorney to determine whether or not a bankruptcy could help you save your home and deal with other debts you have.
Next Steps
To find a bankruptcy attorney, contact:
The Cleveland Metropolitan Bar Association
Lawyer Referral Service
(216) 696-3532
Can I save money with Ohio’s Homestead Exemption?
Ohio’s Homestead Exemption protects the first $25,000 of your home’s value from taxation. For example, if your home is worth $100,000, you will be taxed as if the home were worth $75,000. On average, those who qualify for the exemption save $400 a year.
Who is eligible? A homeowner who is:
1. 65 years old (or who will turn 65 this year), or
2. Permanently and totally disabled as of the 1st day of the year in which they file, or
3. The surviving spouse of a person previously enrolled in Homestead and who was at least 59 years of age when the spouse died.
What property is eligible for the exemption?
1. The property must be where you usually live, and
2. You must have been living there as of January 1st, and
3. You must be on the deed, or if the property is held in a trust, you must give the Auditor a copy of the trust.
How do you apply?
1. Fill out application form DTE105A—you can get the form at your county Auditor’s office, at your county Auditor’s website, or at the Ohio Department of Taxation’s website (tax.ohio.gov).
2. File form DTE105A with your county Auditor—you must file the original form that has your ink signature (not a copy). You cannot electronically file the form.
In September 2016, the law changed to allow real property (land and buildings attached to the land) applications to be filed any time before December 31st. If you are applying for the exemption on a manufactured or mobile home, you have to apply on or before the first Monday in June. If you were eligible for the exemption last year, but did not apply, you can file a late application for the previous year at the same time that you file your application for the current year.
If your eligibility is based on AGE, you must submit PROOF OF AGE with your application. You can prove your age with a copy of your driver’s license (current or expired), State of Ohio ID card, birth certificate or passport (current or expired).
If your eligibility is based on DISABILITY, you must submit PROOF OF DISABILITY with your application. You can prove your disability by getting the Auditor’s Certificate of Disability form signed by your doctor OR by giving the Auditor a copy of a statement from Social Security, the Department of Veterans Affairs, the Railroad Retirement Board, or the Ohio Bureau of Workers Compensation that says you are totally and permanently disabled.
If you are approved for the Homestead Exemption, you do not have to re-apply in future years.
If your application is denied, or you think the reduction amount is less than what you should get, you can file an appeal with the County Board of Revision using form DTE106B. Instructions for appealing the decision will be in the denial letter you receive.
To get an application form, or if you need help or have questions, call your county Auditor’s Homestead Department:
In Cuyahoga County, call 216.443.7010
In Ashtabula County, call 440.576.3445
In Lake County, call 440.350.2536
In Geauga County, call 440.279.1617
In Lorain County, call 440.329.5207
By Kristen Nawrocki
I just received papers from the court saying that a foreclosure was filed against me. What should I do now?
It is important that you take action quickly to save your home. You have 28 days from the date that the foreclosure complaint arrived at your house to file an answer to the complaint. The length of time it may take to lose your house can vary depending on the county you live in and your involvement in the case.
Contact a housing counseling agency immediately to assist you in negotiating with your lender.
You should never pay a company to negotiate with your lender on your behalf. These services are available for free at the agencies below.
Cuyahoga County
Cleveland Housing Network
(216) 574-7100
Community Housing Solutions
(216) 231-5815
Empowering and Strengthening Ohio’s People (ESOP)
(216) 361-0718
Neighborhood Housing Services of Greater Cleveland
(216) 458-4663
Ashtabula County
Catholic Charities of Ashtabula County
(440) 992- 2121
Geauga and Lake Counties
Fair Housing Resource Center
(440) 392-0147
Lorain County
Lorain County Urban League
(440) 323-3364
If you live in Ashtabula, Cuyahoga, Lake, Lorain or Geauga county, contact Legal Aid immediately. Although Legal Aid is very limited in the cases it can accept for representation at this time, we may be able to give you some guidance on how to deal with the foreclosure case filed against you.
I have fallen behind on my mortgage payments, but no foreclosure has been filed against me yet. When will it happen and what can I do to prevent it?
Once you fall behind on your payments, your lender may attempt to file a foreclosure at any time. Most lenders wait at least three months. It is critical that you act right away and begin taking steps to save your home.
A local housing counseling agency that may be able to help you negotiate with your lender. Below is the contact information for housing counselors in the five counties Legal Aid Society of Cleveland serves. Legal Aid cannot help you before a foreclosure case is filed.
You should never pay a company to negotiate with your lender on your behalf. These services are available for free at the agencies below.
Cuyahoga County
Cleveland Housing Network
(216) 574-7100
Community Housing Solutions
(216) 231-5815
Empowering and Strengthening Ohio’s People (ESOP)
(216) 361-0718
Neighborhood Housing Services of Greater Cleveland (216) 458-4663
Ashtabula County
Catholic Charities of Ashtabula County
(440) 992- 2121
Geauga and Lake Counties
Fair Housing Resource Center
(440) 392-0147
Lorain County
Lorain County Urban League
(440) 323-3364
Widow’s Lorain County Home Saved
Gwendolyn Frazier and her husband worked hard all their lives and paid off the mortgage on their Elyria home. Her husband took out a consolidation loan with OneMain Financial, but they paid their bills.
Her husband passed away in 2013. After that, when mail came addressed to him, she marked it “deceased” and sent it back – including mail from
CitiFinancial. She had no business with CitiFinancial and thought it was junk mail. She didn’t know OneMain was connected to
CitiFinancial, until the
bank sent a certified letter with foreclosure papers.
“It was such a burden,” she recalls. “I’m not somebody who’s sitting around not making my payments. ”
She called and called and called for months, but couldn’t get any information about how to pay the loan. The home went into foreclosure in 2014 and in a phone trial, the magistrate told her she was “out of luck” because she was not named on the loan.
Ms. Frazier sought help from Legal Aid. Volunteer attorney Kathleen Amerkhanian of Kryszak & Associates agreed to take the case pro bono. Legal Aid attorney Marley Eiger coached volunteer Amerkhanian on new Consumer Finance Protection Bureau (CFPB) rules that require the bank to not only to accept payments from the “successor-in-interest” but also to provide information about assumptions and modification options to the loan.
“Ms. Frazier needed a lawyer to frame the case as a legal issue and provide a basis for why they should look at loss mitigation,” says Ms. Amerkhanian. “By couching it in the correct terms, the court took notice.” Ms. Amerkhanian got the case out of foreclosure. In mediation, she pointed out that the bank was not in compliance with federal CFPB regulations. She helped Ms. Frazier compile all the documentation needed – until finally the bank offered an affordable plan.
Thanks to her volunteer lawyer, the foreclosure was dismissed early in 2016.
“The ability to really make an impact on somebody who desperately needs your help is very rewarding,” says Ms. Amerkhanian. When you take a case from Legal Aid, there is a lot of support. Marley Eiger provided a lot of information and lent her expertise, and that was invaluable.”
“The lender was ignorant of the law, indifferent to the homeowner’s compelling hardship and tried to sabotage her,” says Legal Aid attorney Marley Eiger. “Not one thing about this case was easy or routine, but Kathleen was very persistent.”
Thanks to Legal Aid, Ms. Frazier’s home is safe and she can enjo y her hobbies of cooking and volunteering at her church. And, most importantly – she can care for her family in her home without worry.
Legal Aid’s work to ensure shelter in Lorain County is supported by the Nord Family Foundation and the Community
Foundation of Lorain County.