- Who sends it
- The clerk of the county court of common pleas, at the lender's request, by mail or in person
- What it starts
- A 28-day deadline to file an answer or a motion for more time
- Do this first
- Write down the date you were served and call legal aid through Ohio Legal Help today
What this document is in Ohio
Ohio home foreclosures go through court. The lender, called the plaintiff, files a complaint in the court of common pleas in the county where the home is. The summons is the court's notice to you that you are being sued, and the complaint lists what the lender says you owe and asks the court to order the home sold.
Other people with an interest in the home may be named too, such as a spouse, a second mortgage lender, the county treasurer or a homeowners association. Each one gets its own summons. The national page on summons and complaint explains these papers in general.
What it does and does not mean
- It does not mean you have lost the home or must move. You still own it, and a sale can only happen after a judge enters a judgment and orders a sale.
- It does mean a court deadline is running. Talking to your servicer, applying for a modification or asking for mediation does not pause it.
- In counties that run foreclosure mediation, a Request for Foreclosure Mediation form may come with the summons or be available at the clerk's office. See Request for Foreclosure Mediation.
Your 28-day deadline and how to count it
The Supreme Court of Ohio's mediation model and Ohio Legal Help both say you must file an answer, or a Motion for Extension of Time to Answer or Otherwise Plead, within 28 days after service of the summons. Count calendar days, not business days. The day you are served is not counted; the next day is day 1.
If the 28th day falls on a weekend or court holiday, call the clerk to confirm the last filing day. Do not plan to file on the last day. Ohio Legal Help says that if you do not answer, the court can rule against you in as little as 31 days.
What to do this week
- Write the date you were served on the first page of the papers, and keep every page together.
- Call legal aid through Ohio Legal Help, which has a free foreclosure answer form and a legal aid finder.
- File your answer, or a motion for more time, with the clerk of courts before day 28, and keep a stamped copy. Mail or deliver a copy to the lender's attorney as the form explains.
- Ask the court whether it has foreclosure mediation. The Supreme Court of Ohio's Dispute Resolution Section is at 614.387.9420 and keeps a county contact list.
- Keep sending your servicer a complete application for help in writing, with proof of what you sent.
- Read how foreclosure works in Ohio and how to stop foreclosure in Ohio.
Where to get free help in Ohio
- Ohio Legal Help: plain-language guides, the answer form and a finder for your county's legal aid program.
- Supreme Court of Ohio: foreclosure mediation information and the county contact list.
- Ohio Attorney General: Foreclosure Resources at 800-282-0515 lists statewide and county help.
- A free HUD-approved housing counselor can help you prepare a workout request. See Ohio foreclosure help.
Scam warnings
Foreclosure filings are public, so companies may contact you right after the case is filed. Never pay an upfront fee to stop a foreclosure, and never sign over your deed. Ohio's debt adjusting law caps what a debt adjuster can charge, such as $75 for an initial setup. 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
How long do I have to answer an Ohio foreclosure complaint?
28 days after you are served with the summons. That is the deadline in the Supreme Court of Ohio's mediation model and on Ohio Legal Help. If you need more time, file a motion for an extension before the 28 days run out.
Does asking for mediation count as my answer in Ohio?
No. The Supreme Court of Ohio says taking part in mediation does not mean you have filed an answer, and the foreclosure keeps going until you reach a final agreement. File your answer or a motion for more time as well.
What happens if I do not answer the Ohio summons?
The lender can ask for a default judgment. Ohio Legal Help says the court can rule against you in as little as 31 days. If you answer, you stay in the case and must be served with later papers, including the notice of the sheriff's sale.
Other Ohio letters
- 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.
- 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.