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.

Foreclosure Defense

Appeals & Appellate

Civil Appeals, Federal Appeals

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Construction Law

Construction Contracts, Construction Defects, Construction Liens, Construction Litigation

Landlord Tenant

Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights

Real Estate Law

Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law

• Free Consultation

Ohio

Since 1989

6th Circuit

Since 1996

Ohio State University - Columbus

J.D.

1986 - 1989

Ohio State Bar  # 0042562

Member

Current

Q. What rights do we have to take possession of our new house per contract?

27 April 2021

A: If the month to month lease was recorded you would have constructive notice of the lease. As it is, you have actual knowledge that a month to month lease existed, and was terminated by giving a thirty (30) day notice of cancellation on March 2, 2021. As of April 1, 2021, the tenant no longer has a right to occupy the premises. The seller should issue a three day notice to vacate and immediately file an eviction action. If the tenant does not vacate the premises in time for you to take possession five (5) days after closing, then the Seller will be in breach. Your purchase agreement may speak to the remedy for failure to provide possession. However, the tenant can not be forcibly removed, and an eviction action will need to be filed.

Q. Loan has been in default since 2009. Have had sparse contact with anyone about this. Can they foreclose on my property?

7 April 2021

A: The statute of limitations for a claim on a negotiable instrument under Ohio's version of the UCC is 6 years. However, each missed payment restarts the statute of limitations, unless the loan has been accelerated. If the loan has been accelerated, then the lender has six years within which to file a foreclosure. Simply being in default does cause an acceleration. The lender can even provide you with a notice of default under paragraph 6 of most promissory notes without accelerating the debt. Instead, the lender must accelerate the debt for the statute of limitations to begin.

Q. My father passed and I believe he left everything to my sister. He had a small policy for his grandchildren and I was in

23 February 2021

A: If I understand your question, your father named you the beneficiary on a life insurance policy, but left everything to you sister in his will. A life insurance policy is not an asset of the estate and instead is a contract between the Insurance company, the owner of the policy and the beneficiary of the policy. As long as the beneficiary provides the information requested by the insurance company the insurance proceeds should be delivered to the benficiary according to the terms of the insurance policy.