|
If you do not FULLY understand the foreclosure process outlined on this page and how it may apply to you please take advantage of our FREE consultation by clicking here.
The Process
Judicial foreclosure available: Yes
Non-Judicial foreclosure available: No
The Ohio standard mortgage provides for a conditional
transfer of title to the lender. If the borrower pays the principal and
interest; performs the obligations of the mortgage, including payment of taxes,
assessments and hazard insurance and does not commit waste, then the borrower
will obtain full title at the end of the mortgage term. Ohio mortgages must be
foreclosed by court action.
Lawsuit
The lender must sue the borrower in the county where the
property is located. The lender must ask the court to foreclose the mortgage
and order a sale of the property.
Sale Procedures
Appraisement
When land is to be sold under a foreclosure order, the
officer conducting the sale shall call upon three disinterested freeholders of
the county to give an estimate of the value of the property. A copy of the
appraised value must be left with the court clerk. The property must forthwith
be offered for sale at a price of not less than two-thirds of the
appraisement.
Advertising
The land will not be sold until the officer handling the
foreclosure gives public notice of the sale by advertising the time and place
of the sale at least 30 days in advance of the sale. The advertisements will be
sufficient if they are published once a week for three consecutive weeks before
the day of the sale, with each ad on the same day of the week.
Method of Sale
The sheriff handles foreclosure sales in Ohio. The
officer will sell to the highest bidder at the time and place indicated in the
advertised notice. The sale must take place at the courthouse. If the bidder
fails to pay the price, the court "shall punish as for contempt any purchaser
of real property who fails to pay the purchase money therefore." If there is no
sale for lack of bidders, then the court may order a new appraisement and order
the sale for one-third in cash and the balance later.
Confirmation
The sheriff returns the writ of execution indicating
that a sale was made to the court, which upon examination of the sale
proceedings to make sure they were in conformity with the law and with the
court orders, enters into its records a confirmation of the legality of the
sale and directs the officer who made the sale to create and deliver the
purchaser a deed for the property.
Special Procedures
If the property is in danger of being damaged the court
may appoint a receiver to take charge of it.
Deficiency
A deficiency judgment may be obtained by the lender
along with the order commanding a foreclosure sale. The deficiency is void two
years after the foreclosure sale is confirmed. However, the enforcement may
continue if the debtor signs an agreement to postpone the enforcement past two
years.
Redemption
The debtor can redeem by paying the amount of the
judgment plus costs and interest up until the confirmation of the sale, but not
afterward. |
