When the vendee of a land installment contract defaults in payment, forfeiture of the interest of the vendee under the contract may be enforced only after the expiration of thirty days from the date of the default. A vendee in default may, prior to the expiration of the thirty-day period, avoid the forfeiture of his interest under the contract by making all payments currently due under the contract and by paying any fees or charges for which he is liable under the contract. If such payments are made within the thirty-day period, forfeiture of the interest of the vendee shall not be enforced.
Notes of Decisions
Cited in 30
cases (5 in the last 5 years), 1980–2024 · leading case: Keene v. Schnetz, 468 N.E.2d 125 (Ohio Ct. App. 1983).
Keene v. Schnetz, 468 N.E.2d 125 (Ohio Ct. App. 1983). · cites it 10דOn the basis of R.C. 5313.05 and 5313.06, the trial court denied the Schnetzes’ motion and entered summary judgment in favor of Keene.”
Goble v. Grosswiler, 2019 Ohio 4443 (Ohio Ct. App. 2019). · cites it 5דIn Shriver, the court held that as a condition precedent to a forfeiture action, the vendee must be in default and must remain in default after the passage of the times provided in R.C. 5313.05 and 5313.06 and the notice given under R.”
Kiser v. Coleman, 503 N.E.2d 753 (Ohio 1986). “08 provides, in pertinent part: “If the contract has been in effect for less than five years, in addition to any other remedies provided by law and after the expiration of the periods prescribed by sections 5313.05 and 5313.06 of the Revised Code, if the vendee is still in…”
Chem. Bank v. Sullivan, 699 N.E.2d 105 (Ohio Ct. App. 1997). · cites it 9ד07 governs a land contract foreclosure and provides that the action may be instituted “after the expiration of the period of time prescribed by [R.C. 5313.05 and 5313.06].” R.C. 5313.08 governs when a land contract forfeiture may be brought and provides that the remedy may be…”
Ma v. Gomez, 2023 Ohio 524 (Ohio Ct. App. 2023). “08 provides as follows: If [a land installment] contract has been in effect for less than five years, in addition to the other remedies provided by law and after the expiration of the periods prescribed by sections 5313.05 and 5313.06 of the Revised Code, if the vendee is still…”
Gingrich v. Otter Fork Equestrian Complex, L.L.C., 2024 Ohio 2775 (Ohio Ct. App. 2024). · cites it 3דThe letter served as notice under R.C. 5313.05 of the risk of forfeiture due to their default in the event they did not pay the money demanded within thirty days of the date of the letter.”
Perdue v. Jamison, 2019 Ohio 4597 (Ohio Ct. App. 2019). · cites it 4דPerdue alleged that on June 19, 2018, he delivered to Jamison “a Notice of Forfeiture and opportunity to cure the default” pursuant to R.C. 5313.05, a copy of which was also attached to the complaint.”
Cunningham v. Nat'l City Bank, 588 F.3d 49 (1st Cir. 2009). “at *1 (citing Ohio Rev.Code §§ 5313.05, 5313.06). It is unclear whether the Krivins court would have reached the same result if the plaintiffs had not faced forfeiture of real property.”
Am. Servicing Corp. v. Wannemacher, 2014 Ohio 3984 (Ohio Ct. App. 2014). · cites it 5ד08, the vendee must “be in default, and remain in default, after the passage of the times provided in R.C. 5313.05 and 5313.06, and the notice given under the provisions of R.”
Cuyahoga Metro. Hous. Auth. v. Watkins, 491 N.E.2d 701 (Ohio Ct. App. 1984). “Such action may be commenced after expiration of the period of time prescribed by sections 5313.05 and 5313.06 of the Revised Code.”
Sood v. Rivers, 2024 Ohio 3064 (Ohio Ct. App. 2024). “R.C. 5313.05. If a vendee defaults on a land installment contract that has been in effect for less than five years, the vendor may bring an action for forfeiture of the vendee’s rights in the contract and for restitution of the property.”
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