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Ohio Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure, Personal Injury, Civil Rights and Small Claims for Ohio on
Q: I have a question about property damage due to my neighbors shed burning down do u have free consultation

recently my neighboirs shed burned down. and as a result my truck that was parked on my proerty was burned and totaled. the gentleman the own the houyse had recently died and left the house to his daughter who didnt pay insurance and doesnt check on the property even once. she also hyasnt paid the... View More

James L. Arrasmith
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answered on Nov 24, 2023

In a situation like yours, where your property was damaged due to your neighbor's shed burning down, you may have grounds for a claim. Since the house is inherited and the current owner has not maintained insurance, this complicates matters, but it doesn't necessarily mean you have no... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: My house is for sale to avoid foreclosure. Next court date is a non-oral hearing. Can I get an extension on the date?

My house is being listed for sale and I also have a private investor who is working on getting funds to pay-off my amount due. If my house is "under contract" or if the investor needs another 1-2 weeks to get the funds, on the date of my non-oral hearing, can I request that the non-oral... View More

Nicholas P. Weiss
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answered on Nov 21, 2023

Yes, but the better thing to do would be to reach out to the bank to engage in loss mitigation. This would pause the foreclosure while they determined whether you are eligible for any loss mitigation options, including modification of the loan, and will give you time to either sell or refinance.

1 Answer | Asked in Family Law, Foreclosure, Real Estate Law and Probate for Ohio on
Q: Can I sue the co-owner of a property for refusing to sell now that the property has been reverted to beneficiary?

Family member passed away and we inherited a percentage of this property. Other family member who inherited percentage of the property was living in it and refused to move or sell the house when we had a buyer. The property was foreclosed on because they did not pay the mortgage. Property went to... View More

Aaron Epling
Aaron Epling
answered on Nov 1, 2023

You probably need to file a partition action to force the sale. Except, the mortgage company may beat you to forcing another sale. A partition action can take months (or years) before you reach the end. I recommend you find a real estate attorney to advise you what your rights are.

1 Answer | Asked in Foreclosure and Probate for Ohio on
Q: My brother named me as trustee of his estate. Am I required to act as his trustee or responsible for any of his debts?

His house is being foreclosed on. I have no interest in his estate. He is divorced so neither does his ex-wife and his only son is a minor. His mortgage company and the county court keep sending me foreclosure documents and demand payment of his mortgage. I sent his son's attorney a letter... View More

Aaron Epling
Aaron Epling
answered on Oct 17, 2023

You are not required to accept the duties and obligations of trustee. To the extent that you have accepted the duties and wish to resign, I recommend obtaining counsel.

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: I recently won a bid on a sheriff sale in Lake County Ohio. I am following all of the information on the clerk of courts

As of today, it says motion to stay, confirmation of sale, and enlarge time to redeem does that mean the defendant gets to keep their property?

Kelly A Rochotte
Kelly A Rochotte
answered on Aug 23, 2023

There's not quite enough information here to answer fully, but it appears as though the property owner is disputing the foreclosure process. Possibly they weren't served under Civ. R. 4, or have other grounds for contesting the foreclosure itself. "Motion to stay" could mean a... View More

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Ohio on
Q: What does a motion to stay do for defendant after a foreclosure, and writ of possession has already been filed?

I electronically filed a motion to stay with the court, and it was approved. This happened after the Plaintiff already had a Sheriff's auction and obtained my home, as well as they filed a Writ of Possession. If it was electronically filed and approved, does this mean that judge approved it or... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 8, 2023

The homeowner maintains title in the real property until the Sheriff's Sale is confirmed. The right of the purchaser at sale to obtain a writ of possession is typically included in the decree of foreclosure. However, the order of confirmation is the mechanism that cuts off the... View More

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Personal Injury for Ohio on
Q: Is the surviving male child of the decedent's deceased brother's deceased daughter referred to as the Great Grand Nephew
Aaron Epling
Aaron Epling
answered on Jan 17, 2023

I'll refer you to the table of consanguinity.

https://heirsearch.com/wp-content/uploads/2019/06/consanguinity_chart_web.pdf

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Foreclosure for Ohio on
Q: My mother-in-law was served papers recently. In them she is marked as a judgment creditor. What does this mean?

The case seems to be a default on a property owned by someone possibly attach to her we are unsure on what the complaint in the case is but they have her marked as a judgment creditor in the concerned parties information.

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2022

An Ohio attorney could advise best, but it looks like your question was overlooked under the general Uncategorized heading. You could try reposting under Collections, Foreclosure, Bankruptcy, and Civil Litigation. This looks like something for attorneys who practice in one of those areas. Good luck

1 Answer | Asked in Foreclosure for Ohio on
Q: I am the previous owner of a house. I sold it to a girl who is now foreclosing on it. Why would I be summoned?

I was summoned as a defendant, along with the owner and a village. What might be the reason for my summons?

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

If you have been summoned, did you also receive a copy of the complaint? The complaint should say specifically why you are being named.

It's possible it's something simple that doesn't require a response, but it's possible you will need to file a response. Better safe...
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1 Answer | Asked in Foreclosure for Ohio on
Q: Mechanics lien was recorded.contractor then filed foreclosure suit after the 2year limit Ohio RC1311.88,suit dismissed?
Nicholas P. Weiss
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answered on Nov 16, 2021

111.88 is for broker's liens. Mechanic's liens are governed by 1331.16. Those actions have a six year statute of limitations.

1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: My grandmother died and owes on her mortgage. Could you tell me the process of me being the successor of the property?

We were living with her when she died but without the deed we can't get water in our name and we can't pay mortgage payments without them giving us the account info

Joseph Jaap
Joseph Jaap
answered on Oct 22, 2021

You can check the county real estate records to get a copy of the deed. A family member will have to file her will in the probate court to be appointed executor, or if she had no will, apply to be appointed administrator of her estate, who will then have legal authority to deal with her finances,... View More

1 Answer | Asked in Foreclosure and Family Law for Ohio on
Q: foreclosure notice Ohio help

We received a foreclosure notice for our house. The house has late payment for nearly a year. The house mortgage and deed is in my dad’s name. My dad traveled out of the US in Feb-2020 and he has a police warrant so he probably not coming back. My mom and two young brothers living in the house... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2021

They can continue to make payments. The bank doesn't care where the money comes from.

As to transferring the property the easiest way would be to obtain a divorce from your dad and take the house in the divorce subject to obtaining a refinance of the mortgage.

Call the attorney...
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1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: Is 2/3 owner of residence required to inform 1/3 owner of taxes/maintenance costs? If so, what's the timeline?

Majority owner left property abandoned and failed to maintain. minority owner was not made aware of property tax costs. Majority

Joseph Jaap
Joseph Jaap
answered on Jan 25, 2021

There is no law requiring notice, but if the owners have agreed that one owner is responsible for maintenance and doesn't do it, the other owner could sue to recover. Information on taxes is available on-line, so all owners can review what is owed. But if the owners have agreed that one... View More

2 Answers | Asked in Estate Planning, Landlord - Tenant and Foreclosure for Ohio on
Q: how to evict a family member who was only supposed to stay free for a couple nights and didnt leave?

my cousin asked for a place to stay, and he lost his job now hes staying here not paying rent although there is no rent agreement he was just supposed to stay a couple days and leave he kept procrastinating till he got mail here now hes using squatters rights on us so he dosent have to leave, how... View More

Joseph Jaap
Joseph Jaap
answered on Jan 25, 2021

If you own the property, you can evict any occupant by following the proper eviction process. Check your local court for the notice and other forms to file for an eviction, or use the Find a Lawyer tab to retain a local real estate attorney to assist you, because you want to do it right the first... View More

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3 Answers | Asked in Bankruptcy and Foreclosure for Ohio on
Q: Can you get your home back if you included it in your bankruptcy and it’s going through court for foreclosure?

My circumstances have changed and I regret including my home in my bankruptcy. I didn’t know if there was any way to get an amended agreement, etc.

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
answered on Sep 13, 2020

Is the bankruptcy still open or is it closed? Did you receive a discharge or a dismissal? Is it or was it a Chapter 7 or 13? The first thing I would advise is to talk to your bankruptcy attorney if you had one. You need to sit down with your attorney or another attorney who handles bankruptcy so... View More

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2 Answers | Asked in Bankruptcy, Divorce and Foreclosure for Ohio on
Q: How can I find out what my husband has done with his early withdrawn 401k funds

72000dollars

Timothy Denison
Timothy Denison
answered on Sep 2, 2020

Take his deposition.

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1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: The landlord said I need to find another tenant or I won't receive my security deposit

It's a rooming house in Dayton Ohio and also she has failed to give me a copy of my rental agreement.. After making several request by me and my father the landlord has still failed to give a copy of the written agreement

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2020

An Ohio attorney could advise best, but your post remains open for two weeks. You could additionally repost your question in the Landlord-Tenant section. Look for the linked text below the main categories you already posted in that says, "Show More Practice Areas." That opens up more... View More

2 Answers | Asked in Foreclosure for Ohio on
Q: We had a foreclosure 12 years ago the mortgage company went out of business so foreclosure never finished.

Now there is a tax lien. From 2010&2012. Can I sue the county to make them do a tax sale?

Taylor P Waters
Taylor P Waters
answered on Aug 10, 2020

To understand correctly, you want to ask the county to sue to foreclose on your property due to the tax lien?

I would call a foreclosure or tax attorney to take a look at your situation.

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1 Answer | Asked in Foreclosure and Real Estate Law for Ohio on
Q: im looking for a lawyer who has experience in working in the mortgage overage arena. can someone assist me.
Troy J Doucet
Troy J Doucet
answered on Apr 17, 2020

Please contact Doucet Gerling at (614) 221-9800.

1 Answer | Asked in Foreclosure for Ohio on
Q: I'm co-executor of my mom's will, she had a reverse mortgage. They have started foreclosure. Am I liable for anything?

Paperwork has been sent to myself and my brother. He claims we have 28 days to sell the real estate, an auction is set for Nov 6.

Taylor P Waters
Taylor P Waters
answered on Oct 30, 2019

You will not be liable as far as your credit goes, they have to provide notices to the heirs in the event you'd like to buy the house or work something else out.

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