August 3, 2018
One of the many unfortunate outcomes of the subprime mortgage crisis has been that unscrupulous predatory investors scooped up broad portfolios of real estate at very low prices, and then re-sold them in troubled neighborhoods to unqualified buyers on land installment contract. This had the dual effects of victimizing unknowledgeable and unqualified buyers and keeping … Continue reading Finney Law Firm successfully challenges Harbour Portfolio Advisors in land installment contract litigation
The City of Cincinnati has enacted a new series of restrictions on property owners selling under land installment contracts as Chapter 870 of the Cincinnati Municipal Code. It appears to be a response to the questionable tactics of a single large investor who bought a significant number of properties in the subprime mortgage crisis, and then … Continue reading City of Cincinnati enacts new Land Installment Contract law
June 6, 2018
Nearly every aspect of the modern world is regulated, in one manner or another, by the use of contractual agreements. As a result of their ubiquity, it is unrealistic to expect the average person to read every word of every contract they sign. To be clear, under no circumstance do we advise signing a contract … Continue reading Other than Never, When to Sign a Contract Without Reading
March 4, 2018
Someone owes you money. But you have been slow to assign the collection to an attorney for fear of the legal fees and expenses. This concern certainly is well-founded. However, Finney Law Firm (a) has the experience, tools and “attitude” to maximize your return from that activity, and (b) is willing to work with you … Continue reading Ohio commercial litigation: Chasing deadbeats, it’s part of what we do!
February 15, 2018
One important but often overlooked provision of Ohio corporate law is the requirement that “foreign corporations” (meaning any corporation established outside the state of Ohio) must obtain a license to transact business within the state of Ohio when doing business in Ohio. No foreign corporation. . .shall transact business in this state unless it holds … Continue reading Foreign Corporation Primer: Register before filing suit
January 30, 2018
“Joint and several liability” is a legal concept that provides that each obligor under a contract is fully liable for the obligations under that contract as to the other party to the contract (i.e, the party to whom the joint obligors are obligated). So, in the instance that two or more guarantors sign a guarantee … Continue reading Ohio Commercial Law: Is an obligation “joint and several” if the instrument is silent on the topic?
January 23, 2018
As we march through our lives, folks shove documents under our nose for signature all the time. In reality, we should carefully, very carefully, read them and consider their implications before signing any of them. After all, there are charlatans and fraudsters standing eager to take advantage of us at every turn. And even if … Continue reading Ohio commercial transactions: Think twice before signing these six transactional documents
December 8, 2017
An issue that manifests itself in any number of scenarios is the seemingly odd question: Can a seller contract to sell something that he does not own. Somewhat surprisingly, the answer can be “yes.” Hypothetical sale of stock Let’s take a theoretical situation in which a seller promises to sell to a buyer 1,000 shares … Continue reading Ohio commercial law: Can a seller sell that which he does not own?
December 6, 2017
We have previously written on the different types of deeds (Real Estate 101: Different Types of Deeds in Ohio, Kentucky, and Indiana), as well as how costly it can be to breach your covenants under a general warranty deed (Real Estate 101: Breach of General Warranty Covenants Can Be Costly Mistake). Perhaps the most … Continue reading Ohio Real Estate Law: Triggering the Duty to Defend on a General Warranty Deed Claim
November 27, 2017
What due diligence steps should a tenant undertake with respect to a commercial property before signing a lease? Due diligence customary in a commercial real property purchase Step back and consider for a moment that when we buy a piece of real property — for our home or for our business — it is prudent … Continue reading Commercial Leasing: Steps to consider for tenant due diligence