Quick Facts
- Judicial Foreclosure
Available: Yes
- Non-Judicial Foreclosure Available: No
- Primary Security Instrument: Mortgage
- Timeline: Typically 150 days
- Right of Redemption: Yes
- Deficiency Judgments Allowed: Yes
In Ohio, lenders may
foreclose
on a mortgage in default by using the judicial foreclosure process.
Judicial Foreclosure
Generally, in judicial foreclosure, a court decrees the amount of the
borrowers debt and gives him or her a short time to pay. If the
borrower fails to pay within that time, the clerk of the court then
advertises the property for sale.
At some point prior to the scheduled date of foreclosure, an appraisal
of the property must be made by three disinterested freeholders of the
county. A copy of the appraised value must be filed with the court
clerk
and the property must be offered for sale at a price of not less than
two-thirds
of said value.
The sale may not take place until the notice of sale has been published
once a week for three (3) consecutive weeks in a newspaper of general
circulation in the county in which the property is located. The sheriff
will conduct
the sale at the courthouse and the property will be sold to the highest
bidder.
Lender's may obtain a deficiency judgment and the borrower may redeem
the property at any time before the court confirms the foreclosure sale
by paying the amount of the judgment, plus costs and interest.
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