- Who sends it
- The court, with your summons or from the clerk's office; or the court's mediation department if the lender asked first
- What it starts
- A review of whether your case fits mediation; 14 days to return it if the lender asked first
- Do this first
- Send it to the mediation department, not the clerk, and still file your answer within 28 days
What this form is in Ohio
There is no single statewide program. The Supreme Court of Ohio wrote a foreclosure mediation model in 2008, and each county court of common pleas decides whether to use it and how. Under the model, the Request for Foreclosure Mediation and a Motion for Extension of Time to Answer or Otherwise Plead may come with your summons or be available at the clerk's office.
You may also get a letter, brochures, a post card and a Mediation Glossary and Guide. Forms and deadlines differ by county, so follow the instructions from your own court. Read more on Ohio foreclosure mediation and the national mediation notice page.
What it does and does not mean
- It does not stop the foreclosure. The Supreme Court of Ohio says the case continues until you and your lender reach a final agreement.
- It is not an answer. You still need to file an answer, or the motion for more time, within 28 days after service.
- Under the model, the form goes to the court's Mediation Department and should not be sent to or filed with the Clerk of Court's Office.
- A judge or magistrate can order mediation, but no one can be forced to agree to a deal.
The deadlines and how to count them
- If you ask first: send the request during your 28-day answer period, counted in calendar days from the day after you were served.
- If the lender asked first: the model says you get the request form by mail and must return it within 14 calendar days from the postmark date on the court's letter.
- The lender's own questionnaire is due 14 calendar days from the postmark date of the court's letter to it.
- The Supreme Court says a case can be mediated up to the point the sale is confirmed, but it is much harder after a judgment.
What to do this week
- Call the mediation contact for your county. The Supreme Court's Dispute Resolution Section is at 614.387.9420 and keeps a county contact list.
- Fill out the request and any questionnaire, and send it to the address the court gives for the mediation department. Keep a copy and proof of the date you sent it.
- File your answer with the clerk before day 28. See Summons and Complaint in Foreclosure.
- Gather two recent pay stubs, the last two months of bank statements, your payment history and any financial worksheet the court sends. The Supreme Court says these are often shared with the lender before the session.
- Ask a HUD-approved housing counselor or legal aid to help you prepare a proposal.
What happens next
The mediation department reviews your request and the lender's questionnaire and tells the court and both sides whether mediation will happen. If it will, you get a Notice of Scheduled Mediation. You, any support person, the lender's attorney and a lender representative with authority to settle attend, sometimes by phone. Most sessions take one to two hours.
If you reach an agreement, it should be written down and signed. If not, the case goes back on the court's regular docket, and the mediation department files an Outcome of Mediation Report. Ohio's mediation law keeps most of what is said private.
Scam warnings
The Supreme Court of Ohio says mediation has no hidden or ongoing fees, though some counties may charge court costs, so ask the court directly. You do not need a paid company to ask for mediation. Report anyone who asks for an upfront fee to the Ohio Attorney General at 800-282-0515. See Ohio foreclosure help.
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
Where do I send the Ohio Request for Foreclosure Mediation?
To the court's mediation department, at the address on the form or from your county's mediation contact. Under the Supreme Court of Ohio model it should not be sent to or filed with the clerk of courts.
Does every Ohio county offer foreclosure mediation?
No. Each court of common pleas decides whether to run a program based on the Supreme Court's model. Use the Supreme Court's county contact list or call 614.387.9420 to find out.
Can I still ask for mediation after a judgment in Ohio?
Sometimes. The Supreme Court of Ohio says a case can be mediated up to confirmation of the sale, but it is much harder after judgment. Call your county's mediation contact right away.
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.
- Judgment Entry and Decree of ForeclosureA judgment entry and decree of foreclosure means the Ohio court has ruled for the lender and ordered your home sold. The home is appraised, and at the first auction it cannot sell for less than two-thirds of that value. You still own the home, and you can redeem it until the court confirms the sale.
- 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.