Foreclosure Timeline in Toledo Ohio

Foreclosure is the legal process a lender uses to take your home. If you're behind on your mortgage payments or received foreclosure papers, don't wait. Take action.

If you can't pay your mortgage, it's best to contact your loan servicer immediately to request help. Be prepared to wait on the line for assistance as a lot of homeowners are seeking help right now or get help through Toledo Home Solutions Foreclosure Specialist.

Foreclosure in Ohio can take different lengths of time based on how quickly a lender takes action. But, there are certain deadlines that are important. Here is a summary of the steps that have to happen for a foreclosure to be completed, and the important deadlines you need to know.

Free Assistance:

Save the Dream Ohio – Mortgage Assistance extends financial support to eligible Ohio homeowners, covering delinquent and future mortgage payments for up to six months. While the assistance amount varies by household, individuals may qualify for a combined total of up to $25,000 in mortgage aid.

Applying for the Save the Dream Ohio program is free. To be eligible, the primary residence must be in Ohio, and the household should have experienced financial hardship or loss of income due to the COVID-19 pandemic. The income should also fall below the Save the Dream Ohio income eligibility threshold. For more details, visit savethedream.ohiohome.org.

Save the Dream Ohio – Utility Assistance Plus offers financial aid to eligible Ohio homeowners for delinquent utility bills, property taxes, and other housing costs not covered by the mortgage payment. Household assistance can reach a combined total of $10,000 in utility and housing cost support. You can apply for Utility Assistance Plus through your local Community Action Agency.

With that said, here's the Foreclosure Timeline in Ohio👊

1. Day 1 through 120

You miss your mortgage payment.

Typically, lenders wait for a period of three months before initiating the foreclosure procedure. Throughout this timeframe, your loan servicer will make efforts to contact you, aiming to explore potential solutions to bring your payments up to date. It's crucial not to disregard these letters or calls. If you find yourself falling behind on your mortgage payments but haven't yet received formal foreclosure documents from the court, proactive engagement with your servicer is highly recommended.

Find out what you can do now to avoid foreclosure.

2. Day 120 through 180

Your lender files a foreclosure against you

The legal foreclosure process does not start until the lender files against you in court. If you receive foreclosure papers, also called a “complaint,” in the mail or served to you in-person, don’t ignore them. Take action.

You must file an answer in 28 days

The most important deadline in the process is 28 days after you receive the foreclosure complaint. You must file an “answer,” or a response to your lender’s claims in 28 days. Otherwise, the court will assume that you agree with everything your lender is saying and they will win the case. If you don’t file an answer, the court can rule against you in as little as 31 days.

Your Lender Files for A Judgement

If you file an answer, the next step is for your lender to file a “motion for summary judgment,” or documents asking the court to make a decision based on the facts you and the lender have given, without going to trial. Most foreclosures do not go to trial. If you want to oppose or fight the summary judgment, it is important you get a lawyer. You may qualify for legal aid. If you did not file an answer, your lender will file a "motion for default judgment."

3. Days 180+

If the court decides against you, your home will be put up for sheriff's sale.

The sheriff’s sale process can be a little different from county to county, but in general:

• There will be an “appraisal” of your home. This means that an expert, hired by the sheriff, will come to look at your home and estimate its value.

• The home will be sold at public auction.

• The home cannot be sold for less than 2/3 of the appraised value.

After the sale, the sheriff has up to 60 days to let the court know the sale took place.

Eviction from your home.

The concluding stage of the foreclosure occurs when the court validates the completion of the sale, officially transferring ownership of the home to the buyer. Following this, you will receive a letter from the sheriff’s office instructing you to vacate the property. The duration within which you must move out varies by county and will be specified in the letter.

In Ohio, the foreclosure timeline is not predetermined. The duration of the process is contingent upon the promptness of your lender's actions and can extend up to a maximum of two years.

Request Excess Funds from a Sheriff's Sale

If your home is sold at a sheriff’s sale, you may be entitled to excess funds. The court will notify you within 90 days after the sale, specifying the amount and how to claim it. File a motion within 90 days to avoid the funds going to unclaimed funds.

To file an answer, fill out this form and take it to your clerk of court's office. You can find your clerk of court under "Local Government and Community Resources" on this page.

Use this Form Assistant to create your motion asking for excess funds from the sheriff’s sale

File your motion with the court within 90 days of the date of the clerk of court’s notice. If you don’t file your request in time, the money may become unclaimed funds.