How foreclosure works in Ohio

The notices you will receive in Ohio, in order

1. Servicer letters and calls

   From your first missed payment until the lender files, usually about 120 days

   Ohio Legal Help says lenders usually wait about three months before filing, and your servicer will try to reach you. Do not ignore these letters. This is the best time to ask for help in writing and to call a free housing counselor.

   12 C.F.R. § 1024.41(f)

2. Summons and complaint

   Served after the lender files in the court of common pleas

   This starts the lawsuit. You must file a written answer, or a motion for more time, within 28 days after you are served, even if you are talking to your servicer. Ohio Legal Help has a free answer form.

3. Foreclosure mediation notice or request form

   Often sent with the summons in counties that offer mediation

   Many Ohio courts run foreclosure mediation based on a Supreme Court of Ohio model. You send the Request for Foreclosure Mediation to the court's mediation department, not the clerk. It does not replace your answer and does not pause the case.

4. Motion for default or summary judgment

   After the answer deadline, or later in the case

   If you did not answer, the lender asks for a default judgment, and Ohio Legal Help says the court can rule against you in as little as 31 days. If you did answer, the lender usually asks for summary judgment. Get a lawyer or legal aid to help you respond.

5. Judgment entry and order of sale

   When the court rules for the lender

   The judge enters a foreclosure decree and orders the home sold. An appraiser values the home, and at the first auction it cannot sell for less than two-thirds of that value.

   Ohio Rev. Code § 2329.20

6. Notice of sheriff's sale

   Filed with the clerk at least 7 days before the sale; advertised once a week for 3 weeks in a row

   The lender must serve you with the sale date, time and place, or for an online sale the start date and website address, plus any second sale date. Parties who never appeared in the case do not have to be served, so file an answer or appearance to stay on the notice list.

   Ohio Rev. Code § 2329.26

7. Confirmation of sale and writ of possession

   Court confirms within 30 days after the sale is reported

   The confirmation entry makes the sale final, orders the deed and lets the buyer ask for a writ of possession. Until confirmation you can still redeem by paying the full judgment, costs and interest to the clerk.

   Ohio Rev. Code §§ 2329.31, 2329.33

The legal steps in Ohio

1. Missed payments and pre-foreclosure

   Federal rules generally stop the servicer from filing a foreclosure until you are more than 120 days behind. Use this time to call your servicer, ask for loss mitigation in writing, and meet with a free HUD-approved housing counselor.

   12 C.F.R. § 1024.41(f)

2. The lender files a foreclosure lawsuit

   You are served with a summons and complaint from the court of common pleas. Ohio Legal Help says you must file a written answer with the court within 28 days, even if you are still talking to your servicer. If you do not answer, the lender can get a default judgment.

3. Ask for foreclosure mediation

   Many Ohio common pleas courts run foreclosure mediation programs based on a Supreme Court of Ohio model. Rules and deadlines differ by county, so ask the court right away. A mediation request does not replace your answer.

4. Judgment, appraisal and order of sale

   If the lender wins, the court enters a foreclosure decree and orders the home sold. The property is appraised, and at the first auction it cannot sell for less than two-thirds of the appraised value.

   Ohio Rev. Code § 2329.20

5. Notice and auction

   The lender must serve written notice of the sale date on parties who appeared in the case, and the sale must be advertised in a newspaper once a week for at least three weeks in a row. If a home does not sell at the first auction, a second auction is held 7 to 30 days later with no minimum bid.

   Ohio Rev. Code §§ 2329.26, 2329.52

6. Confirmation of the sale

   The court reviews the sale and confirms it, normally within 30 days after the sale is reported to the court. Until confirmation you can still redeem the home by paying the full judgment, costs and interest to the clerk of courts.

   Ohio Rev. Code §§ 2329.31, 2329.33

7. Deed, move-out and leftover money

   After confirmation the buyer gets the deed. In Franklin County, for example, the sheriff explains that the confirmation order lets the buyer ask for a writ of possession, and the sheriff then tells anyone still living there when to leave. If the sale brought in more than was owed, the clerk must notify you and you can ask the court for the excess funds.

   Ohio Rev. Code §§ 2329.31, 2329.44

Common questions in Ohio