- Who sends it
- The court of common pleas, through the clerk, after a default, summary judgment or trial
- What it starts
- Appraisal of the home and scheduling of a sheriff's sale
- Do this first
- Call legal aid about a stay, a workout or redemption, and ask your servicer for a payoff in writing
What this document is in Ohio
When a mortgage is foreclosed, Ohio Rev. Code § 2323.07 says the court shall order the property sold. The judgment entry and decree is that order. It usually comes after the lender wins a motion for default judgment, if no answer was filed, or a motion for summary judgment, if you answered.
The decree usually also sets the amount the court finds you owe. Read it to see whether it includes a personal money judgment against you, because that affects whether the lender can seek a deficiency judgment. See the national page on foreclosure judgments.
What it does and does not mean
- It does not mean the home is sold or that you must move now. You still own it until a sale is held, confirmed and a deed is recorded.
- It does mean a sheriff's sale, or a sale by a court-appointed private selling officer, will be scheduled.
- Under Ohio Rev. Code § 2329.17, three disinterested freeholders who own property in the county appraise the home on actual view. For a residential property they return their value to the sheriff within 21 calendar days of the clerk's appraisal order.
- Under Ohio Rev. Code § 2329.20, the home cannot sell at the first auction for less than two-thirds of that appraised value.
The deadlines that still matter
- Until the court confirms the sale: you can redeem by depositing with the clerk the full judgment, all costs and 8 percent yearly interest on the purchase price from the sale date, under Ohio Rev. Code § 2329.33.
- Up to confirmation: the Supreme Court of Ohio says a case can still be mediated, though it is much harder after judgment.
- Before the sale: you or a lawyer can ask the judge to stay the sale for a good reason, such as a pending workout or a signed sale contract.
- An appeal has its own short deadline. Ask a lawyer right away if you think the judgment is wrong.
See Ohio foreclosure timeline for how these steps fit together.
What to do this week
- Read the decree for the amount owed, the interest rate and whether it includes a personal judgment against you.
- Call legal aid through Ohio Legal Help about a motion to stay the sale or other options.
- Ask your servicer and the lender's attorney in writing for a reinstatement quote and a payoff amount. Ohio has no general statute giving you a right to reinstate, so any catch-up deal must be agreed to.
- If you have answered or appeared in the case, watch your mail for the notice of sale. See Notice of Sheriff's Sale.
- If you cannot keep the home, ask about a short sale or deed in lieu, and get any deficiency waiver in writing.
Help and scam warnings
Free help comes from legal aid (through Ohio Legal Help), HUD-approved housing counselors and your county's mediation program. See Ohio foreclosure help. Once a judgment is entered, investors and "rescue" companies often call. Never pay an upfront fee, never sign over your deed to someone who promises to let you stay, and report scams to the Ohio Attorney General at 800-282-0515.
The rest of the Ohio process
See how foreclosure works in Ohio, the timeline, ways to stop it and free help in Ohio, or read the national guide to this letter.
Common questions
What is the minimum bid at an Ohio sheriff's sale?
At the first auction, Ohio Rev. Code § 2329.20 bars a sale for less than two-thirds of the appraised value. If the home does not sell, a second auction is held 7 to 30 days later with no minimum, under § 2329.52.
Can I still save my Ohio home after the decree?
Possibly. You can work out a deal with your lender, ask the judge to stay the sale, file bankruptcy, or redeem by paying the full judgment, costs and interest to the clerk before the court confirms the sale. Talk to legal aid quickly.
Who appraises my home after an Ohio foreclosure judgment?
Under Ohio Rev. Code § 2329.17, the sheriff calls three disinterested freeholders who live in and own property in the county. They view the home and, for a residential property, must return their value within 21 calendar days of the clerk's order.
Other Ohio letters
- Summons and Complaint in ForeclosureIn Ohio, a foreclosure starts when your lender files a complaint in the county court of common pleas and you are served with a summons. You have 28 days after service to file a written answer or ask for more time. If you do nothing, the court can rule against you in as little as 31 days.
- Request for Foreclosure MediationMany Ohio common pleas courts use a mediation program based on a Supreme Court of Ohio model. The Request for Foreclosure Mediation is how you ask for a meeting with a neutral mediator and your lender. Sending it does not replace your answer and does not pause the case.
- Notice of Sheriff's SaleIn Ohio, the lender must serve parties who appeared in the case with the date, time and place of the sheriff's sale, or the online start date and website, and file it with the clerk at least 7 calendar days before the sale. The sale is also advertised for three weeks. You can still redeem until the court confirms the sale.
- Confirmation of SaleAfter an Ohio sheriff's sale, the court checks that the sale followed the law and confirms it, normally within 30 days after the sheriff returns the writ. Confirmation ends your right to redeem. The buyer then pays, the deed is recorded, and the buyer can seek a writ of possession.
- Notice of Excess FundsIf your Ohio sheriff's sale brought in more than the judgment, interest and costs, the clerk of courts holds the extra money for you and must send you a notice explaining how to claim it. Ohio Legal Help says to file a motion within 90 days of the notice. The clerk must pay you on demand even if the notice never reached you.
Sources
- Ohio Rev. Code § 2323.07, Foreclosure sale ordered
- Ohio Rev. Code § 2329.17, Appraisal
- Ohio Rev. Code § 2329.20, Two-thirds of appraised value
- Ohio Rev. Code § 2329.33, Redemption by judgment debtor
- Ohio Rev. Code § 2329.52, New appraisement, second auction
- Ohio Legal Help: Foreclosure timeline in Ohio
- Supreme Court of Ohio: Foreclosure Mediation in Ohio, FAQs