Foreclosure and eviction process in Ohio

How long does it take to foreclose on a home in Ohio?

Foreclosure is a complicated multistep process that allows mortgage lenders to repossess homes from homeowners who have missed payments on their mortgage loan. Ohio’s foreclosure process can take six to twelve months or longer.

What is the best way to avoid foreclosure in Ohio?

The first step for any homeowner facing foreclosure or eviction should be to contact a HUD-approved housing counselor to better understand your options. These services are typically free and offered by a local nonprofit.

BlueHub SUN may also be an option to prevent foreclosure and eviction. Find out if you qualify.

10 steps in the Ohio home foreclosure process

Understanding the steps involved in the foreclosure process can help Ohioans better navigate this difficult situation. 

1. Defaulting on the loan: 
   • Defaulting on a loan means that a payment was missed. The mortgage lender (or mortgage loan servicer) should send communications in the mail and make phone calls notifying the homeowner of the missed payment(s).
2. Notice of Default: 
   • The Notice of Default is a legally required document that a lender must send to a homeowner before initiating foreclosure. There is no specific timeline for when the lender must send a notice of default after a homeowner has missed a payment, or “defaulted” on their loan. Under Ohio law, the lender must provide the homeowner with a reasonable opportunity to cure the default – usually 28 days after providing the Notice of Default – before initiating foreclosure proceedings.
3. Filing of Complaint: 
   • If the homeowner fails to pay back the owed amount (i.e. curing the default), the lender will file a complain in the Court Common Plea (which serves as the general trial court for civil cases) to begin the foreclosure process. The complaint is the legal document that initiates the foreclosure process.
4. Issuing the Summons:
   • Once the foreclosure complaint has been filed in county court, a summons will be issued to the homeowner. A summons is a legal document issued by the court that notifies the homeowner and must be served to them in person by a “process server” or by certified mail.
5. Responding to the Complaint:
   • Once the summons has been delivered or “served” to the homeowner, they will have 28 days to respond. When responding to the foreclosure complaint, the homeowner does not necessarily have to show up in court in person. They can respond by filing a written answer to assert their defense against the allegation or by appearing in court to present their case. If the homeowner responds to the complaint, the lender can file a “motion for summary judgment”, which asks the court to rule in their favor without a trial. If a hearing is scheduled, the lender must provide evidence to support their claim that the homeowner is in default and that the property should be foreclosed upon. Both parties will have the opportunity to present their case at the hearing, and the judge will make a decision.
     • Failure to respond: If a homeowner fails to respond to a foreclosure summons within the 28-day timeframe, the lender may obtain a “default judgment”, allowing the foreclosure process to proceed without further notice to the homeowner, potentially resulting in the loss of their home without a chance to present a defense or negotiate with the lender. The timing of the foreclosure sale can vary based on court schedules, case complexity and redemption periods.
6. Obtaining a Judgement:
   • If the judge rules in favor of the lender, a legal decision is made that orders the sale of the property and the distribution of the proceeds, meaning splitting up the profit from the sale. Before the sheriff sale can be scheduled, the lender must obtain a court order authorizing the sale. This order is obtained through the foreclosure judgment process. Although less common, if the judge rules in favor of the homeowner, the foreclosure action will be dismissed, providing an opportunity for the homeowner to address the outstanding debt and bring the mortgage payments up to date. This outcome allows the homeowner to retain ownership of the property.
7. Sheriff Sale:
   • After a judgment is obtained, the lender will schedule a sheriff sale, which is a public auction where the property is sold to the highest bidder. The notice of the sheriff sale must be published in a newspaper of general circulation in the county once a week for three consecutive weeks leading up the sheriff sale, and each publication must occur at least seven days apart.
8. Redemption Period:
   • The period between the sale and the court's confirmation is known as the redemption period. The sheriff is required to notify the court within 60 days after the sale that the sale took place. Next, the court has 30 days to confirm the sale, which means the entire process can take anywhere from a few days to a maximum of 90 days. During this time, the homeowner has the legal option to repurchase the home by paying the sheriff sale price along with interest and any fees associated with the foreclosure process. The redemption payment is typically made to the sheriff’s office that is responsible for accepting the funds on behalf of the foreclosing party. It is crucial to contact the sheriff’s office to confirm the accepted method of the payment and any specific requirements of the redemption process.
9. Transfer of Ownership:
   • The confirmation of the sale is conducted during a hearing in the Court of Common Pleas (which serves as the general trial court for civil cases). After the sale is confirmed, the sheriff's office will issue a deed to the new owner of the property. The issuing of the new deed transfers ownership of the property from the original homeowner to the new owner.
     • In Ohio, if there is a surplus from the sheriff sale proceeds after a foreclosure auction (meaning that the amount paid by the winning bidder at the sale is more than the amount that the homeowner owed the lender), the surplus will be paid to the civil court. The court will use the surplus to cover foreclosure costs and repay any outstanding liens or encumbrances on the property, such as mortgage liens, tax liens, judgment liens, mechanic's liens and homeowner's association (HOA) liens. If there are still funds remaining, the homeowner can file a motion to reclaim the surplus to the court handling the foreclosure proceedings. The motion should include supporting documentation demonstrating the homeowner's entitlement to the surplus, such as evidence of ownership, loan balances and other relevant information.
10. Eviction:
    • Once the deed is purchased by the winning bidder, the new homeowner can request a “Writ of Possession” from the court, which grants the possession of the property from the occupant/former homeowner. The sheriff generally allows 3-7 days for the homeowner to vacate the property before the eviction takes place. Unlike other cold-weather states, you can still be evicted in Ohio in the wintertime.
      • If you are evicted in Ohio, your county’s sheriff's office will oversee the eviction and will remove you and your belongings from the property. The sheriff's office will typically store your belongings at a storage facility that is designated for this purpose. The storage facility will be located in the same county where the eviction took place.
      • It's important to note that the responsibility of contacting the storage facility and making arrangements for the storage of your belongings generally falls on you. Once you are notified of the storage location by the sheriff's office or any other authorized party, it would be your responsibility to reach out to the storage facility to discuss the specifics of the storage arrangement, such as fees, access and retrieval procedures. It is common for storage facilities to charge fees on a monthly basis, but specific practices may vary between facilities.

BlueHub SUN can help homeowners in Ohio

If you qualify, and if you’re willing to do what it takes, you may be able to work with BlueHub SUN as an alternative to foreclosure.

To apply, you have to:

1. Be late on your mortgage payments, going through foreclosure or facing eviction due to foreclosure.
2. Have a stable income, like a job, Social Security, a pension or disability payments.
3. Live in Connecticut, Delaware, Illinois, Maryland, Massachusetts, Michigan, New Jersey, Ohio, Pennsylvania, Rhode Island or Wisconsin.

There is no fee to inquire or apply. You may be eligible even if you have multiple loans, poor credit, or a recent bankruptcy. If you have an upcoming foreclosure sale date, you may still be eligible. Please complete the inquiry form and a BlueHub SUN employee will reach out to you by phone to discuss your situation.

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Foreclosure Resources

Homeowners seeking assistance with credit counseling, housing counseling, legal counseling, or mental health counseling can reach out to these organizations for support.

Hear from a BlueHub SUN Homeowner

Contact us

Call us TOLL-FREE AT 855.604.HOME or complete our inquiry form.

Para mayor información sobre como aplicar al programa llame al numero 855.604.HOME (llamada gratuita), tenemos personal bilingüe especializado que responderá sus preguntas.