Toledo Ohio Request for Release of Funds - Individual

Category:

Liens - Construction - Mechanics

State:

Ohio

City:

Toledo

Control #:

OH-07-09

Format:

Instant download

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Description

This sworn affidavit is filed with the county recorder by the original contractor and attests to the fact that the original contractor has paid in full for all labor and work performed and for all materials furnished by the original contractor and all subcontractors, materialmen, and laborers prior to the date of the closing of the purchase or during and prior to the payment period, except such unpaid claims as set forth specifically by claimant and amount claimed. Further, it attests that there are no other claims than those listed in the affidavit. Successful filing of this affidavit by the original contractor allows the lending institution to make payment to the original contractor pursuant to Ohio Revised Code Section 1311.011(B)(4).

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How to fill out Ohio Request For Release Of Funds - Individual?

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FAQ

In Ohio, the unclaimed funds rule states that if individuals do not claim their funds within a certain period, those funds may be considered abandoned. This can apply to various situations, such as forgotten bank accounts or unclaimed insurance proceeds. The Toledo Ohio Request for Release of Funds - Individual allows you to reclaim these funds with the right documentation. By using platforms like uslegalforms, you can simplify the process and ensure you submit everything correctly.

The time it takes to receive unclaimed funds from Ohio varies, but typically, after you submit your Toledo Ohio Request for Release of Funds - Individual, you might wait several weeks to a few months. Factors such as volume of requests and the accuracy of your application can impact this timeline. To expedite the process, use clear and complete documentation when applying, and consider using USLegalForms for precise guidance. Always be proactive in checking the status of your request.

To claim unclaimed funds in Ohio, you need to file a Toledo Ohio Request for Release of Funds - Individual. Start by gathering necessary documentation, such as proof of identity and ownership of the funds. You can complete the application process online through the Ohio Department of Commerce's website, or you may opt for assistance from platforms like USLegalForms for a smooth experience. Once submitted, ensure to follow up on your request for a timely resolution.

Unclaimed property is not a trap; rather, it can be a valuable means of recovering lost funds. Many people find it surprising how much unclaimed property exists. Through the Toledo Ohio Request for Release of Funds - Individual, you benefit from a straightforward process that allows you to reclaim your property without confusion or complication.

Yes, unclaimed refunds are legitimate and occur when funds are not collected by the rightful claimant. Many individuals may not realize they have refunds waiting for them. Using the Toledo Ohio Request for Release of Funds - Individual, you can uncover any potential refunds that you may be entitled to and initiate the claiming process.

Ohio typically holds unclaimed funds for a specified period before auctioning them. The time frame can be several years, allowing owners to claim what is rightfully theirs. With the Toledo Ohio Request for Release of Funds - Individual, you can access information on specific timelines and processes for claiming your funds. This helps you navigate the process with ease.

Ohio has specific rules dictating how unclaimed funds are managed. Typically, if an account remains inactive for five years, it may be marked as unclaimed. To successfully retrieve your funds, submit a Toledo Ohio Request for Release of Funds - Individual and provide the required identification. For more details about these guidelines and to ensure compliance, you can refer to uslegalforms, which offers valuable insights and tools.

Individuals who believe they have unclaimed property or funds must file a claim. This includes anyone who believes they are entitled to funds listed under their name when they submit a Toledo Ohio Request for Release of Funds - Individual. Moreover, business entities may also file claims if they hold abandoned property. If you need assistance in filing, uslegalforms provides helpful resources and templates to guide you through the process.

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The timeframe to receive your Ohio unclaimed funds can vary, but typically, it takes about four to six weeks once your Toledo Ohio Request for Release of Funds - Individual is submitted. This duration may change depending on the volume of requests being processed. It’s crucial to ensure all your documentation is complete to avoid delays. By utilizing the uslegalforms platform, you can streamline the process and decrease waiting times.

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Request for Release of Funds - Individual

Note: This summary is not intended to be an all inclusive summary of the law of construction liens in Ohio, but does contain basic and other provisions.

Definitions relative to Ohio Mechanics' Liens as used in sections 1311.01 to 1311.22 of the Revised Code:

(A) "Owner," "part owner," or "lessee" includes all the interests either legal or equitable, which such person may have in the real estate upon which the improvements are made, including the interests held by any person under contracts of purchase, whether in writing or otherwise.

(B) "Materialman" includes any person by whom any materials are furnished in furtherance of an improvement.

(C) "Laborer" includes any mechanic, workman, artisan, or other individual who performs labor or work in furtherance of any improvement.

(D) "Subcontractor" includes any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any improvement under a contract with any person other than the owner, part owner, or lessee.

(E) "Original contractor," except as otherwise provided in section 1311.011 [1311.01.1] of the Revised Code, includes a construction manager and any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any improvement under a contract with an owner, part owner, or lessee.

(F) "Construction manager" means a person with substantial discretion and authority to manage or direct an improvement, provided that the person is in direct privity of contract with the owner, part owner, or lessee of the improvement.

(G) "Notice of commencement" means the notice specified in section 1311.04 of the Revised Code.

(H) "Notice of furnishing" means the notice specified in section 1311.05 of the Revised Code.

(I) "Materials" means all products and substances including, without limitation, any gasoline, lubricating oil, petroleum products, powder, dynamite, blasting supplies and other explosives, tools, equipment, or machinery furnished in furtherance of an improvement.

(J) "Improvement" means constructing, erecting, altering, repairing, demolishing, or removing any building or appurtenance thereto, fixture, bridge, or other structure, and any gas pipeline or well including, but not limited to, a well drilled or constructed for the production of oil or gas; the furnishing of tile for the drainage of any lot or land; the enhancement or embellishment of real property by seeding, sodding, or the planting thereon of any shrubs, trees, plants, vines, small fruits, flowers, or nursery stock of any kind; and the grading or filling to establish a grade.

(K) "Wages" means the basic hourly rate of pay and all other contractually owed benefits.

(L) "Home construction contract" means a contract entered into between an original contractor and an owner, part owner, or lessee for the improvement of any single- or double family dwelling or portion of the dwelling or a residential unit of any condominium property that has been submitted to the provisions of Chapter 5311. of the Revised Code; an addition to any land; or the improvement of driveways, sidewalks, swimming pools, porches, garages, carports, landscaping, fences, fallout shelters, siding, roofing, storm windows, awnings, and other improvements that are adjacent to single- or double family dwellings or upon lands that are adjacent to single- or double family dwellings or residential units of condominium property, if the dwelling, residential unit of condominium property, or land is used or is intended to be used as a personal residence by the owner, part owner, or lessee.

(M) "Home purchase contract" means a contract for the purchase of any single- or double family dwelling or residential unit of a condominium property that has been subjected to the provisions of Chapter 5311. of the Revised Code if the purchaser uses or intends to use the dwelling, a unit of a double dwelling, or the condominium unit as his personal residence.

(N) "Lending institution" means any person that enters into a contract with the owner, part owner, purchaser, or lessee to provide financing for a home construction contract or a home purchase contract, which financing is secured, in whole or in part, by a mortgage on the real estate upon which the improvements contemplated by the home construction contract are to be made or upon the property that is the subject of the home purchase contract, and that makes direct disbursements under the contract to any original contractor or the owner, part owner, purchaser, or lessee.

(O) "Original contractor" includes any person with whom the owner, part owner, lessee, or purchaser under a home purchase contract or a home construction contract has directly contracted.

Who My File a Lien?

Pursuant to Ohio statutes, a contractor, subcontractor, or materialman who has provided labor or materials to a construction project may file a lien against the property for the value of the labor performed or materials supplied by filing an Affidavit of Mechanic's Lien. A lien may not be obtained against property when the party claiming the lien has been paid in full before the property owner has received a copy of the lien claimant's Affidavit of Mechanic's Lien. O.R.C. 1311.01(B).

How Long Does a Lien Claimant Have to File a Lien?

An Affidavit for a Mechanic's Lien must be filed within sixty days from the last day of work performed by the party claiming the lien, if the project is a one or two family residential dwelling. Otherwise, the lien claimant has seventy-five (75) days to file for a lien. An exception is liens involving oil and gas leases, which may be filed within one hundred and twenty (120) days. O.R.C.1311.06(B).

What is a Notice of Commencement?

Prior to beginning work on a project which may give rise to a mechanic's lien, the property owner should file a Notice of Commencement with the county recorder in the county where the property is located. A Notice of Commencement is an affidavit which describes the improvements to be made to the property, the legal description of the property, and the names and addresses of all parties involved in the contract, along with some statutory notices, that put potential buyers or lenders on notice that improvements that may cause a lien to be filed are being made. O.R.C. 1311.04(A)(1).

A subcontractor, materialman, or laborer, may make a written request for a copy of the Notice of Commencement, to which the owner is obligated to respond within ten days. O.R.C. 1311.04(D).

What is a Notice of Furnishing?

As a counterpart to the owner's Notice of Commencement is the Notice of Furnishing that must be served by a subcontractor or materialsman on the property owner. A Notice of Furnishing serves to put the owner on notice that the party furnishing labor and materials may be entitled to a lien against the property. O.R.C. 1311.05(A)

If the Notice to Commencement has been filed, a party who wants to preserve their right to file a lien must file their Notice of Furnishing within twenty-one days of the Notice of Commencement being served. O.R.C. 1311.04(I).

How is a Lien Released?

When an Affidavit has been filed and the lien claimant has subsequently been paid, the property owner may file an affidavit attesting to the fact that the lien has been satisfied. The lienholder has thirty days from receipt of this affidavit to file a lien release or be subject to pay the property owner damages as a result. O.R.C. 1311.01(B)(3).

Lending institutions may not release funds to a contractor until that contractor has filed an affidavit stating that the contractor has paid all subcontractors, laborers, and materialmen in full, and that there are no further claims pending against the project. A property owner may issue written demand that the contractor issue this affidavit and may withhold payment until the affidavit is received. O.R.C. 1311.01(B)(4).

If there is a dispute between subcontractors and the principal contractor regarding payment, such that the subcontractor will not release his lien, under Ohio statutes, the property owner is entitled to withhold payment to the principal contractor in the amount of the lien. In response, the principal contractor and lending institution may demand that the lien holder provide them with information regarding the amount of the lien and the dates upon which work was performed. The owner or lending institution may only release payment to the original contractor when the lien holder has given notice that he has been paid, the subcontractor issues a lien release, the original contractor provides a bond, or the time under which a lien may be filed has expired. O.R.C. 1311.01(B)(8).

How Else May a Property Owner Respond to a Lien?

After a lien has been filed, a property owner may serve a Notice to the Lien holder to Commence Suit. Within thirty days of serving the notice the property owner must file the notice with an affidavit indicating how service was accomplished. The lien holder has sixty days after being served to file suit or his lien will be rendered void. O.R.C. 1311.11(B)(3)