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Foreclosure

What is foreclosure?  Foreclosure is the process a lender/servicer uses to repossess your home. Once you receive notice that your lender/servicer has filed a mortgage foreclosure lawsuit, you could lose your home in 3-6 months.

 

Immediate action on your part may prevent foreclosure:

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  • Open your mail. You will receive important information from the courts that you need in order to resolve your situation.

  • Don’t wait. Taking action sooner means more options for you. If you do nothing, you will lose your home.

  • Contact your mortgage lender or servicer (depending on who filed the foreclosure action against you) as soon as you receive the notice from the court. Explain your circumstances and you may be able to work out a repayment/loss mitigation plan to avoid foreclosure.

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Foreclosure Timeline

(According to Save the Dream Ohio: http://www.savethedream.ohio.gov/foreclosuretimeline.aspx)

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In Ohio, your mortgage lender must go through the court system in order to foreclose on your home. As a homeowner, this means you have the right to contest a foreclosure complaint filed against you. If a foreclosure complaint is filed against you, you should consult an attorney right away. Here's what to expect:

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  • Day 1: You miss your first mortgage payment.

  • Day 16: Your mortgage lender adds late fees to your mortgage bill.

  • Days 45 – 60: Your mortgage lender sends you a "demand" or "breach" letter.

  • Day 90: After you have missed three payments, your mortgage lender will file a foreclosure complaint at your County Court of Common Pleas. You will then receive a copy of the complaint and a summons. You should contact an attorney right away.

  • Day 118: Your answer to the summons is due within 28 days. You also may request mediation during this time. Your mortgage lender will move quickly to default judgment and sheriff's sale.

  • Days 118 – 150+: If you have filed an answer to the summons, you may be granted additional time to work on a resolution with your mortgage lender. If you do not file an answer or reach a resolution, your mortgage lender will file a motion for summary judgment. If the court grants the motion, your mortgage lender will contact your local Sheriff's Office to schedule a sale.

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  • Sheriff's Sale: The day of the Sheriff's Sale, your home will be placed up for auction. You are not required to leave your property at this time.

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  • Redemption Period: After the sheriff's sale, the sheriff has up to 60 days to inform the court that the sale took place. The court must confirm the sale within 30 days. The time between the sheriff's sale and the confirmation is called the "Redemption Period." The Redemption Period may be as long as 90 days or as short as a couple of days. You have the right to buy back your home during the redemption period. If you choose to do so, you will owe any fees and costs incurred as a result of the foreclosure.

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  • Execution of Writ: You will be given a notice by the sheriff that you must leave your home. The amount of time varies by county.

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