If you are facing foreclosure in Ohio, it’s important to understand some of the basics, including:
- the most common type of foreclosure procedure (judicial v. nonjudicial) used in Ohio
- how much time you have to respond
- your rights and protections in the process, and
- what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).
Below we have outlined some of the most important features of Ohio foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.
|Common type of foreclosure process||Judicial|
|Time to respond||After foreclosing party files lawsuit, homeowner has 20 to 30 days to respond. After the court issues a foreclosure judgment, foreclosing party must serve a seven-day notice of sale on homeowner. At least three weeks before sale date, foreclosing party must publish notice of sale.|
|Reinstatement of loan before sale||None|
|Redemption after sale||Available until the court confirms the sale|
|Special protections for foreclosures involving high-cost mortgages||None|
|Special state protections for service members||Ohio Rev. Code Ann. §§ 5919.29, 5923.12|
|Cash exempted in bankruptcy||$400 for one person, $800 for a married couple|
|Notice to leave after house is sold||No special provisions for evictions following foreclosure. The new owner will likely have to go to court to get an eviction order. Court-ordered evictions usually take two weeks to a month, depending on whether or not former owner responds to the lawsuit.|
|Foreclosure statutes||Ohio Rev. Code Ann. §§ 2323.07, 2329.26, 5721.38|