How Foreclosure Works in Ohio
Whether Ohio forecloses through the courts or by power of sale, the notices required, the time frames set by law, and how to catch up before the sale.
Short answer: Judicial. In Ohio a lender forecloses by filing a foreclosure lawsuit, and when a mortgage is foreclosed the court orders a sale of the property (usually a sheriff's sale), which must later be confirmed by the court. Ohio Rev. Code §§ 2323.07, 2329.33; Supreme Court of Ohio, Foreclosure Mediation in Ohio: What You Need to Know
| Judicial or non-judicial | Judicial. In Ohio a lender forecloses by filing a foreclosure lawsuit, and when a mortgage is foreclosed the court orders a sale of the property (usually a sheriff's sale), which must later be confirmed by the court. |
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| Required notices | The homeowner is served with the foreclosure lawsuit like any civil case. After judgment, before the property can be sold, the party seeking the sale must serve written notice of the sale date, time and place (or the online sale start date and website) on the judgment debtor and the other parties who appeared, and file a copy with proof of service with the clerk at least seven calendar days before the sale. Public notice of the sale must also be given, for example by newspaper advertisement once a week for at least three consecutive weeks before the sale. Source: Ohio Rev. Code § 2329.26(A) |
| Time frames set by law | The sale statute sets these minimums: the notice of sale must be filed with the clerk, with proof of service on the parties, at least seven calendar days before the sale, and newspaper notice must run once a week for at least three consecutive weeks before the sale. Other timing depends on the court case. Source: Ohio Rev. Code § 2329.26(A) |
| Right to catch up (reinstate) | The homeowner may redeem the property at any time before the court confirms the sheriff's sale by depositing with the clerk of the court of common pleas the full amount of the judgment, all costs, and interest at 8% a year on the purchase money from the sale date. The court then sets the sale aside. No statute reviewed gives a right to reinstate by paying only the missed payments; that depends on the loan documents or an agreement with the lender. Source: Ohio Rev. Code § 2329.33 |
More Ohio foreclosure & homeowner law
- Redemption and Deficiency Judgments in Ohio
- HOA Liens and Foreclosure in Ohio
- Getting Your Home Back After a Tax Sale in Ohio
- All Ohio foreclosure & homeowner law rules
FAQ
Is Ohio a judicial or non-judicial foreclosure state?
Judicial. In Ohio a lender forecloses by filing a foreclosure lawsuit, and when a mortgage is foreclosed the court orders a sale of the property (usually a sheriff's sale), which must later be confirmed by the court.
What notice is required before a foreclosure sale in Ohio?
The homeowner is served with the foreclosure lawsuit like any civil case. After judgment, before the property can be sold, the party seeking the sale must serve written notice of the sale date, time and place (or the online sale start date and website) on the judgment debtor and the other parties who appeared, and file a copy with proof of service with the clerk at least seven calendar days before the sale. Public notice of the sale must also be given, for example by newspaper advertisement once a week for at least three consecutive weeks before the sale.
How long does foreclosure take in Ohio?
The sale statute sets these minimums: the notice of sale must be filed with the clerk, with proof of service on the parties, at least seven calendar days before the sale, and newspaper notice must run once a week for at least three consecutive weeks before the sale. Other timing depends on the court case.
Can you stop a foreclosure by catching up on payments in Ohio?
The homeowner may redeem the property at any time before the court confirms the sheriff's sale by depositing with the clerk of the court of common pleas the full amount of the judgment, all costs, and interest at 8% a year on the purchase money from the sale date. The court then sets the sale aside.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.