Summary of Ohio's Foreclosure Laws

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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.

Topic

State Rule

Most common type of foreclosure process

Judicial

Time to respond

After foreclosing party files lawsuit, homeowner has 28 days to respond. After the court issues a foreclosure judgment, foreclosing party files the notice of sale with the court at least seven days prior to the sale and sends a copy to the homeowner. Foreclosing party must publish notice of sale for three weeks before sale date.

Reinstatement of loan before sale

Not available (except as required by the terms of the mortgage)

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

Protections under the federal Servicemembers Civil Relief Act extended to national guard ordered by the governor into active duty or training. Ohio Rev. Code Ann. §§ 5919.29, 5923.12

Deficiency judgments

Allowed, but judgment is void two years after confirmation of the sale by the court. Property cannot be sold for less than 2/3 of appraised value at the foreclosure sale.

Cash exempted in bankruptcy

Up to $1,575; $3,150 if married filing jointly

Notice to leave after house is sold

After the sale is confirmed, the foreclosing party (who is typically the purchaser at the sale) can ask the court for a writ of possession.

Foreclosure statutes

Ohio Rev. Code Ann. §§ 2323.07, 2329.26

Updated by: , Contributing Editor

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