| Step | Content or Form | References to Law |
|---|---|---|
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Mortgage servicer must notify homeowner if they have fallen behind in payments and provide mitigation strategies. Homeowner must typically be 120 days late on mortgage before foreclosure can begin. |
See this Nolo press article also the Consumer Financial Protection Bureau's executive summary of the Mortgage Servicer Rule of 2016. |
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| If the homeowner is still behind on payments, the bank will file a foreclosure complaint in the Common Pleas Court where the property is situated. | A sample foreclosure complaint can be obtained from Westlaw or Lexis. | Ohio Civ. Rule 3(C)(5) is the venue rule. |
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Homeowner has 28 days to file an answer. |
Ohio Legal Help provides a form builder foreclosure answer. A simple general answer. |
Ohio Civ. Rules 7 & 12. |
| Homeowner may file a motion for mediation with the court at any time during the proceedings. | Motion for Mediation and Request for 120 Day Stay Pending Mediation | Oh. Rev. Code Sec. 2323.06 |
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At any point in the foreclosure process, you can file for bankruptcy. This will stop the foreclosure proceedings. It will not wipe away your mortgage, but it can give you the time you need to get back on track and keep your home. |
See my Consumer Bankruptcy Law libguide. | US Code Title 11 |
| If you are an active duty servicemember, you can ask the court for more time. | Servicemembers Civil Relief Act | 50 USC Sec. 3953 |
| Ohio law does not provide for a right of reinstatement, but your loan papers may.
To bring the loan current, you will need to pay, by the deadline set forth in the loan agreement:
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Check your loan agreement. | Check your loan agreement. |
| If the court rules in favor of your lender, the lender can then contact the sheriff’s office and set up a sheriff’s sale. That process can take anywhere from a couple of weeks to a few months, depending on how busy the court is in your county. On the day of the sheriff’s sale, your home will be sold but you will not yet have to vacate the premises. | ||
| After a foreclosure sale, and at any time before the confirmation thereof, the debtor may redeem it from sale by depositing the money due into the hands of the clerk of court. | Oh. Rev. Code Sec. 2329.33 | |
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The final step is the execution of the writ of possession. You will be told by the sheriff that you must leave your home or be evicted. The amount of time you will be given to vacate the property varies by county. |
See The Ohio Foreclosure Time Line by the Dann Law Firm. | In Franklin County, refer to the Sheriff's FAQ |