Notes of Decisions
Cited in
46
cases (
15 in the last 5 years), 1979–2026 · leading case:
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
· cites it 23× “We agree, but we find that the Agreement also fails to meet the definition of land installment contract in R.C. 5313.01. We will describe these two statutes, then analyze how they apply to the Agreement.”
Bradford v. B & P Wrecking Co., 872 N.E.2d 331 (Ohio Ct. App. 2007).
· cites it 3× “R.C. 5313.01(A). Consequently, vendees do not obtain legal title to the premises immediately; instead, they have only “a possessory equitable interest relative to the amount of the purchase money that has been paid.”
In Re Johnson, 75 B.R. 927 (Bankr. N.D. Ohio 1987).
· cites it 4× “Ohio Rev. Code Ann. § 5313.01 (A) (Anderson 1981) (emphasis added).”
In Re Kratz, 96 B.R. 127 (Bankr. S.D. Ohio 1988).
· cites it 4× “Ohio Rev.Code Ann. § 5313.01 (Anderson 1981).”
O'Brien v. Ravenswood Apts., Ltd. (In Re Ravenswood Apts., Ltd.), 338 B.R. 307 (6th Cir. BAP 2006).
“See Ohio Rev.Code Ann. § 5313.01(D). The Appellants further assert that the Ohio statute is inapplicable because the 82-unit apartment complex subject to the land installment contract should be viewed as commercial, rather than residential, property.”
City of Cleveland v. Ameriquest Mortg. Sec., Inc., 621 F. Supp. 2d 513 (N.D. Ohio 2009).
· cites it 2× “The State of Ohio also has numerous laws that apply to mortgage lending, including *529 the Land Installment Contract Act, Ohio Rev.Code § 5313.01 et seq., the Ohio Mortgage Loan Act, Ohio Rev.”
Flint v. Holbrook, 608 N.E.2d 809 (Ohio Ct. App. 1992).
“A “land installment contract” is defined under R.C. 5313.01 as: “ * * * an executory agreement * * * under which the vendor agrees to convey title in real property * * * to the vendee and the vendee agrees to pay the purchase price in installment payments, while the vendor…”
Basil v. Vincello, 553 N.E.2d 602 (Ohio 1990).
“See R.C. 5313.01 et seq. and 5301.25. Smith had an equitable chose in action under contract against Moon.”
In Re Sennhenn, 80 B.R. 89 (Bankr. N.D. Ohio 1987).
· cites it 2× “The property covered by the land contract is known as 11905 West Lake Road, Vermillion, Ohio.”
Cuyahoga Metro. Hous. Auth. v. Watkins, 491 N.E.2d 701 (Ohio Ct. App. 1984).
· cites it 2× “01 as follows: “ ‘Land installment contract’ means an executory agreement which by its terms is not required to be fully performed by one or more of the parties to the agreement within one year of the date of the agreement and under which the vendor agrees to convey title in…”
Am. Servicing Corp. v. Wannemacher, 2014 Ohio 3984 (Ohio Ct. App. 2014).
· cites it 9× “R.C. 5313.01(A). {¶18} By contrast, “Ohio courts have defined a ‘lease’ as ‘a conveyance of an estate in real property for a limited term, with conditions attached, in consideration of rent.”
Mishler v. Hale, 2014 Ohio 5805 (Ohio Ct. App. 2014).
“R.C. 5313.01. There is no dispute of fact that there is no written document which verifies Hale’s exercise of his option to purchase the property, either through a new purchase contract or a land contract.”
— Ohio Rev. Code § 5313.01(A) — 19 cases
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“We agree, but we find that the Agreement also fails to meet the definition of land installment contract in R.C. 5313.01. We will describe these two statutes, then analyze how they apply to the Agreement.”
Bradford v. B & P Wrecking Co., 872 N.E.2d 331 (Ohio Ct. App. 2007).
“R.C. 5313.01(A). Consequently, vendees do not obtain legal title to the premises immediately; instead, they have only “a possessory equitable interest relative to the amount of the purchase money that has been paid.”
Am. Servicing Corp. v. Wannemacher, 2014 Ohio 3984 (Ohio Ct. App. 2014).
“R.C. 5313.01(A). {¶18} By contrast, “Ohio courts have defined a ‘lease’ as ‘a conveyance of an estate in real property for a limited term, with conditions attached, in consideration of rent.”
In Re Kratz, 96 B.R. 127 (Bankr. S.D. Ohio 1988).
“Ohio Rev.Code Ann. § 5313.01 (Anderson 1981).”
— Ohio Rev. Code § 5313.01(B) — 3 cases
— Ohio Rev. Code § 5313.01(C) — 1 case
In Re Johnson, 75 B.R. 927 (Bankr. N.D. Ohio 1987).
“Ohio Rev. Code Ann. § 5313.01 (A) (Anderson 1981) (emphasis added).”
— Ohio Rev. Code § 5313.01(D) — 5 cases
O'Brien v. Ravenswood Apts., Ltd. (In Re Ravenswood Apts., Ltd.), 338 B.R. 307 (6th Cir. BAP 2006).
“See Ohio Rev.Code Ann. § 5313.01(D). The Appellants further assert that the Ohio statute is inapplicable because the 82-unit apartment complex subject to the land installment contract should be viewed as commercial, rather than residential, property.”
In Re Johnson, 75 B.R. 927 (Bankr. N.D. Ohio 1987).
“Ohio Rev. Code Ann. § 5313.01 (A) (Anderson 1981) (emphasis added).”
— Ohio Rev. Code § 5313.01(E) — 1 case
Lovejoy v. Diel, 2021 Ohio 1124 (Ohio Ct. App. 2021).
“We agree, but we find that the Agreement also fails to meet the definition of land installment contract in R.C. 5313.01. We will describe these two statutes, then analyze how they apply to the Agreement.”
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