Summary of Foreclosure Laws in the State of Ohio

Key Facts of Foreclosure Laws in Ohio

- Judicial Foreclosure Available: Yes
-  Non-Judicial Foreclosure Available: no

- Primary Security Instruments:  Mortgage
- Timeline: Typically 157 days. Click HERE for details.
- Right of Redemption: No
- Deficiency Judgments Allowed: Yes

Judicial foreclosure in Ohio

By default, Ohio uses judicial foreclosure. A foreclosure in Ohio begins when a lender files court action and records a notice of a pending lawsuit (Lis Pendens) against the borrower(s)/mortgagor(s). The lender notifies the borrower(s)/mortgagor(s) and any other affected parties in person or in some cases by mail or publication. If the borrower(s)/mortgagor(s) does not respond to the court action within a specified amount of time, the county clerk can find the borrower(s)/mortgagor(s) in default and the lender can ask the court to make a final ruling. If the court rules against the borrower(s)/mortgagor(s), the ruling will include the total amount owed to the lender and the foreclosure sale date.

The lender is not required by state law to notify the borrower(s)/mortgagor(s) before initiating the foreclosure process, but individual mortgages or deeds of trust might call for this. The borrower(s)/mortgagor(s) can stop the foreclosure up until the date of the sale by paying the total amount owed to the lender.

Notice of Sale / Auction

The sale date is typically 20-35 days after the court ruling, but this may vary depending on the individual court. The clerk of court issues a notice of sale containing the location, date, and time of the sale. The notice is published once a week for three weeks.

The actual sale is a public auction and the property cannot be sold for less than two-third of the appraised value of the proeprty as established by the appraisers. After the sale, a confirmation of Sale by the court must be obtained.

After the sale, the clerk transfers ownership to the winning bidderwith a quitclaim deed.

Information provided here is only for a general view of the state foreclosure law and it is not for legal advice. We highly recommend you to consult legal professional or licensed attorney for advice in any legal issues related to foreclosures.

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