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Ohio Foreclosure Process: From Notice of Default to Sheriff’s Auction

A comprehensive guide to the Ohio foreclosure process, covering key stages such as Notice of Default, Complaint, Answer, Case Management, Defense, Sale, Redemption, and more. Learn about timelines, legal procedures, and strategies to navigate the foreclosure process efficiently. Discover tips on negotiating, settlement, and avoiding lender's attorney fees. Stay informed on civil procedures, motions for judgment, post-judgment actions, and real party issues. Take control of your situation with valuable insights from legal experts.

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Ohio Foreclosure Process: From Notice of Default to Sheriff’s Auction

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  1. Ohio Foreclosure Process Noel Morgan Legal Aid Society of Southwest Ohio, LLC 3/10/08

  2. From Start to finish • Notice of Default • Complaint • Answer • Case Management • Defense • Default • Summary Judgment • Discovery • Negotiation • Settlement • Trial • Judgment • Sale • Redemption • Confirmation • Writ • Deficiency

  3. Pre-Suit • Notice of Default—at least 30 days before filing • Last chance at pre-foreclosure workout • Mortgage counselors may help • Avoid lender’s attorney fees

  4. Civil Procedure • Summons & Complaint • Note & Mortgage Attached • Answer: 28 days • Extensions usually agreed • Affirmative Defenses • Third-party claims

  5. Motions for Judgment • Default Any time after day 28 • No Notice • May be granted immediately& without hearing • Summary Judgment • Anytime after Answer • Often automatic & fast • Hearing in 14 Days or Local Rule

  6. Judgment Avoidance Motions • Default • Civ. R. 60(B): Set Aside Judgment • Premature MSJ • Civ. R. 56(f): Continuance to complete discovery

  7. Discovery • Informal • Closing Documents: Title agency • Polite letter often suffices • Qualified Written Request • Desktop Surfing • Auditor (Property value, transfers) • Recorder (Mortgage assignments) • Ohio Commerce Dept (Broker / lender / Appraiser licensing) • Secretary of State (Incorporation) • Phone book

  8. Post-Judgment • Sheriff’s property appraisal Timing depends on caseload • Sale Date scheduled • Sale advertised for 6 weeks • Sheriff’s Auction Last chance to save the house Redemption….Bankruptcy….60(B) • Confirmation of Sale • Writ & execution

  9. Trial ? Once in a very blue moon!

  10. Sample Time LineIn default Case • Filed 6/1 • Default Judgment 7/9 • Order for Sale 7/19 • Sale 9/24 • Order for Writ 10/9 • Sheriff’s “voluntary vacate” date 11/7 Not likely to move Much faster than this With defenses, discovery, motions Can take 1+ years

  11. Real Party Issues Common Practice File Now…Assign Later • Does Plaintiff Own Note & Mortgage? • Since when? • How evidenced? • Civ. R. 17: Must be brought in name of “real party in interest” • Split authority

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