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Ohio Foreclosure Process

Ohio Foreclosure Process. Noel Morgan Legal Aid Society of Southwest Ohio, LLC 3/10/08. From Start to finish. Notice of Default Complaint Answer Case Management Defense Default Summary Judgment Discovery. Negotiation Settlement Trial Judgment Sale Redemption Confirmation Writ

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Ohio Foreclosure Process

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  1. Ohio Foreclosure Process Noel Morgan Legal Aid Society of Southwest Ohio, LLC 3/10/08

  2. From Start to finish • Notice of Default • Complaint • Answer • Case Management • Defense • Default • Summary Judgment • Discovery • Negotiation • Settlement • Trial • Judgment • Sale • Redemption • Confirmation • Writ • Deficiency

  3. Pre-Suit • Notice of Default—at least 30 days before filing • Last chance at pre-foreclosure workout • Mortgage counselors may help • Avoid lender’s attorney fees

  4. Civil Procedure • Summons & Complaint • Note & Mortgage Attached • Answer: 28 days • Extensions usually agreed • Affirmative Defenses • Third-party claims

  5. Motions for Judgment • Default Any time after day 28 • No Notice • May be granted immediately& without hearing • Summary Judgment • Anytime after Answer • Often automatic & fast • Hearing in 14 Days or Local Rule

  6. Judgment Avoidance Motions • Default • Civ. R. 60(B): Set Aside Judgment • Premature MSJ • Civ. R. 56(f): Continuance to complete discovery

  7. Discovery • Informal • Closing Documents: Title agency • Polite letter often suffices • Qualified Written Request • Desktop Surfing • Auditor (Property value, transfers) • Recorder (Mortgage assignments) • Ohio Commerce Dept (Broker / lender / Appraiser licensing) • Secretary of State (Incorporation) • Phone book

  8. Post-Judgment • Sheriff’s property appraisal Timing depends on caseload • Sale Date scheduled • Sale advertised for 6 weeks • Sheriff’s Auction Last chance to save the house Redemption….Bankruptcy….60(B) • Confirmation of Sale • Writ & execution

  9. Trial ? Once in a very blue moon!

  10. Sample Time LineIn default Case • Filed 6/1 • Default Judgment 7/9 • Order for Sale 7/19 • Sale 9/24 • Order for Writ 10/9 • Sheriff’s “voluntary vacate” date 11/7 Not likely to move Much faster than this With defenses, discovery, motions Can take 1+ years

  11. Real Party Issues Common Practice File Now…Assign Later • Does Plaintiff Own Note & Mortgage? • Since when? • How evidenced? • Civ. R. 17: Must be brought in name of “real party in interest” • Split authority

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