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Q: Deed of Trust ( Answered 3 out of 5 stars,   1 Comment )
Question  
Subject: Deed of Trust
Category: Business and Money > Finance
Asked by: lucyfur-ga
List Price: $10.00
Posted: 10 Dec 2002 21:08 PST
Expires: 09 Jan 2003 21:08 PST
Question ID: 122848
Is it illegal to use a deed of trust in the sale of real estate in OHIO?
Answer  
Subject: Re: Deed of Trust
Answered By: cynabun-ga on 14 Dec 2002 14:04 PST
Rated:3 out of 5 stars
 
Dear lucyfur-ga,

I believe the answer to you question is, no. It is not illegal to use
a deed of trust in the sale of real estate in Ohio. However, I would
take the matter under advisement with a real estate attorney if there
are more complicated issues than you have mentioned here. I searched
the Ohio revised statutes for both Deed of Trust and Deed of Trust as
it relates to real estate sales. The statutes cited below both refer
to and acknowledge the use of deeds of trust in real estate
transcations in the state of Ohio. However, the typical security
instrument used many HUD transactions is a mortgage deed.

Ohio Revised Statutes

§ 5301.01 Acknowledgment of deed, mortgage, land contract, lease or
memorandum of trust.

1151.292 Procedures and limitations for real estate loans.  

§ 1161.38 Required procedures in making real estate loans.  


Links:

Ohio Revised Code (Searchable database)
http://onlinedocs.andersonpublishing.com/revisedcode/


ACTION CONSIDERED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AS THE FIRST LEGAL ACTION TO COMMENCE (INSTITUTE) FORECLOSURE
http://www.usfn.org/topics/downloads/HUD_first_legal_action.doc


Hope this helps.
cynabun-ga
lucyfur-ga rated this answer:3 out of 5 stars
Although, I didn't rate this answer 5 star, I will admit the question
wasn't as easy as it would appear to be. However, go see an attorney
,isn't worth 10 bucks. The Ohio statutes could have been researched to
a greater depth.

Comments  
Subject: Re: Deed of Trust
From: expertlaw-ga on 19 Dec 2002 15:32 PST
 
You may find the following link, from the CitiMortgage website, to be informative.
http://www.citimortgage.com/glossary/deedoftrust.htm

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