If you're facing an imminent foreclosure in Ohio, learn how the process works and find out about your rights under both federal and state laws. To get a summary of how Ohio foreclosures work, read on.
Federal law usually prevents the servicer from initiating a foreclosure until you're more than 120 days delinquent on the loan. Also, under federal law, servicers are supposed to work with you if you're having trouble making your monthly payments in a loss mitigation process. If the servicer violates federal mortgage servicing laws, you could potentially have a defense to the foreclosure.
Foreclosures in Ohio are judicial, which means a court handles the process. The process officially begins when the loan holder (called the "lender" in this article) files a complaint with the court. After the lender files the complaint, you'll be served a copy, along with a summons. The summons tells you about the suit, how to contact the lender's attorney, and the deadline to file a response to the suit, which is called an "answer." Generally, you get 28 days to respond by serving your written response to the lender's attorney. If you decide to respond to the suit, you must also file the answer with the court within three days of serving it. If you need more time to answer, you can file a motion with the court asking for an extension. And, if the court has a mediation program, the summons will likely include information on how you can participate in mediation, including a form to request it.
If you fail to answer the suit, the lender will likely get a default judgment. But if you file an answer, the foreclosure proceeds through the litigation process. The lender will likely file a motion for summary judgment asking that the court grant judgment in favor of the bank because there's no real factual issue to deal with at trial. If the court grants summary judgment, the judge will order the home sold at a foreclosure sale. If the court denies summary judgment, the foreclosure case will eventually go to trial where you'll have to prove your case. If you're unsuccessful, the judge will enter a judgment that allows a foreclosure sale.
After the court issues a foreclosure judgment, the lender has to publish a notice of sale in a newspaper for three weeks before the sale date. Click here for a more detailed explanation of the Ohio foreclosure process.
Ohio law doesn't provide the borrower with the right to reinstate the loan. The terms of the mortgage contract, however, might give you this right. To find out if you get the right to complete a reinstatement, check your loan documents. Or the lender might give you permission to get current on the loan.
Some states have a law that allows a foreclosed homeowner to redeem the home after the foreclosure sale. In Ohio, you get up until the court confirms the sale to redeem the property. If you need more time to redeem, you can file a motion with the court asking it to delay the confirmation.
If the total mortgage debt is more than the foreclosure sale price, the difference is called a "deficiency." Some states allow the lender to get a personal judgment, which is called a "deficiency judgment," against the borrower for this amount.
Deficiency judgments are allowed in Ohio, but a judgment is, in most cases, void two years after confirmation of the sale by the court. Also, the property can't be sold for less than two-thirds of the appraised value at the foreclosure sale.
You can find the majority of Ohio's foreclosure laws in the Ohio Revised Code, §§ 2329.01 to 2329.61. Statutes change, so checking them is always a good idea. How courts and agencies interpret and apply the law can also change. And some rules can even vary within a state. These are just some of the reasons to consult with an attorney if you're facing a foreclosure.
If you need help finding or understanding Ohio's foreclosure laws, want to file an answer to the suit, or have questions about your particular circumstances, consider contacting a local foreclosure attorney. Homeowners facing foreclosure are also encouraged to contact a HUD-approved housing counselor.