Bruce Martin Broyles

Admitted to practice in 1989; Staff attorney for 11th District Court of Appeals, Associate Attorney for three litigation firms from 1992 - 2004, opened my own practice in 2004. Handle a variety of issues in Appellate practice, civil litigation, business disputes, real estate, and actively involved in foreclosure defenses.

Ohio State University - Columbus

J.D.

1986 - 1989

Ohio State Bar  # 0042562

Member

Current

Ohio

Since 1989

6th Circuit

Since 1996

• Free Consultation

Q. Shared septic tank discovered after home purchase, no disclosure.

April 18, 2025

A: Resolving the issue will be learning what your legal rights are and protecting them. There were most likely no issues that were required to be disclosed by the homeowner, and the realtor probably did not know about it. Depending on the date that the neighboring home was built, a shared system may have been allowed. Given the relationship between the former property owner, an easement was allowed but not recorded. Now the adjoining property owner has a prescriptive easement.

You can contact the local health department and locate records regarding the septic system which may provide date it was installed and pumping records.

I would not suggest that you raise any alarms. If the system is working and any maintenance costs can be agreed upon, then that's about as good as it gets. On the other hand, if you complain to the health department, then an inspection may take place, the system may require upgrading, and the expense will be unaffordable for both you and your neighbor ... Read More

Q. Ohio judgment lien statute of limitations for credit card debt?

April 1, 2025

A: The original judgment becomes dormant after five (5) years, or five (5) years from the certificate of judgment or other attempt to collect. R.C. 2329.07. The judgment itself does not create a lien until a certificate of judgment is filed. If a judgment lien exists, then the limitations period is 5 years from the date the certificate of judgment was filed.

In your question one would assume "filing date (10/22/2020)" is the date the certificate of judgment was filed. The limitations period would be five (5) years or 10/22/2025.

It does not remain uncollectable at that point. It merely becomes dormant and must be revived before any collection efforts may be taken

Q. What happens if a house isn't transferred from a deceased's name despite a will and TODD, and the heir only pays bills? Grandfather died in 2019, house still in his name, heir took no action. My dad can transfer to me; what scenario unfolds if he dies?

March 21, 2025

A: Your father needs to take the steps necessary to transfer the house from your grandfather to your father. Transferring the deed on death requires the death certificate, and affidavit to be recorded. Your father should also take the steps necessary for the lender, if any, to recognize your father as a successor in interest.

It may be that nothing happens and when your father passes, his heirs and beneficiaries will have to transfer the real property from your grandfather to your father.

What I have seen in the past, if there is a lender and mortgage on the property, then the lender will place several payments in suspense once it learns that your grandfather has died. The funds in suspense will not be applied to the debt, and then the funds will be sent back, and the lender will refuse to accept any further payments. By the time anyone properly deals with the situation, late charges, interest and attorney fees will escalate and a foreclosure will be filed against the unknown heirs of your grandfather. The property will be foreclosed upon before anyone knows about the foreclosure. ... Read More