Stop Foreclosure in Cuyahoga County
Also Serving All of Northeast Ohio Including Lake, Lorain, Geauga, Portage, and Summit Counties
If you are facing foreclosure, you ought to have an experienced attorney on your side like ours at Van Ness Law. When you come to him for a no-cost initial consultation, he will listen to your story and assess your finances. He will also determine the legal status of the foreclosure action and identify your immediate needs. One of the most common methods of stopping a foreclosure is filing for bankruptcy. Filing for either Chapter 7 or Chapter 13 bankruptcy will invoke the automatic stay and stop the foreclosure proceedings indefinitely. Bankruptcy will allow you to set up a payment plan to bring your mortgage or real estate tax delinquencies current, and to explore potential loss mitigation options including loan modifications. You should not delay because your bankruptcy must be filed before a Sheriff’s Sale or auction takes place.
If you choose to work with our bankruptcy foreclosure lawyer in Cuyahoga County, he and our office staff will waste no time crafting a plan of action that aims to help you avoid or stop foreclosure and its collateral effects.
Ohio’s Foreclosure Process
To foreclose a house, lenders in Ohio must abide by a strict set of rules and regulations. Our state follows a judicial foreclosure process, which means that a lender must file a formal lawsuit to foreclose on a house. Typically, it can take up to a year and a half or longer.
The general steps for this process include:
- A mortgage going into delinquency. Ohio allows banks to begin foreclosure proceedings after three missed payments.
- The bank sends a letter of demand. This will give a person 30 days to pay either the entire delinquent amount or the balance of the loan in full.
- The bank files a summons and complaint for foreclosure. After 90 days from the first missed payment, the bank can officially begin to foreclose a house.
- The homeowner has a chance to respond. Within 28 days, a homeowner can respond to the complaint. If they do not, then the bank can foreclose the home with a default judgment.
Responding to a Complaint for Foreclosure
Homeowners who have received a summons and complaint for foreclosure have two options for responding:
- Fighting the Complaint: If the bank has done something improperly through the process of initiating foreclosure, a person can dispute the complaint or file a motion to dismiss with the relevant court.
- Filing for Bankruptcy: When a homeowner files for bankruptcy, they place what is called an “automatic stay” on their assets. This will prevent a bank from foreclosing a home at any time before the Sheriff’s Sale takes place.
Taking either of the routes above can be complicated, especially for those who are unfamiliar with Ohio’s laws and regulations regarding foreclosure. This is why it is smart to turn to an experienced attorney with the acumen and skill for the task. At Van Ness Law, our Cuyahoga County bankruptcy foreclosure lawyer has been practicing law for more than three decades. He has helped numerous individuals settle foreclosure cases and find relief.
When Do You Have to Move Out During Foreclosure?
During foreclosure, homeowners should not move out of their houses. Even if the bank has filed a lawsuit, staying put helps ensure that they are not held financially responsible for any damages or liabilities that could occur if they vacate the property. In Ohio, individuals have the right to remain in their homes until the foreclosure process is complete. This could be 2 to 3 months after a Sheriff’s Sale takes place.
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Sherriff’s Sale and the Redemption Period
In the unfortunate event that a homeowner loses a foreclosure lawsuit, a Sheriff's Sale is declared, and their property is sold at a public auction. To determine its value, the Sheriff will have the property appraised before the auction. During the auction, the highest bidder will purchase the property, but it cannot be sold for less than 2/3 of its appraised value.
In the time between the auction and the confirmation of the home’s sale, it is possible to repurchase the home. To do so, a person must pay the full amount owed for the foreclosed home.
While dealing with foreclosure might give you cause for despair, there is still hope. Our attorney at Van Ness Law is ready to help you explore your bankruptcy options to avoid foreclosure, and buy you time to reinstate your mortgage or real estate taxes. To discuss how you might move ahead, reach out to our office. We provide free initial consultations.
"I would recommend him to anyone needing legal assistance during a challenging time."He was professional, well spoken, efficient, and affordable.- Kelley B.
"Mr. Van Ness and his staff were thorough, patient and helpful."They made certain we were comfortable with each step before proceeding.- Leonard R.
"One of the BEST LAWYERS!!!"He plays no Games get right down to business & if he says he's on it.- Airrion D,
"Van Ness Law was very professional and kind during our tough time."Such a sigh of relief to be on the other side of our situation now with all the help they provided.- Keith C.
"It was a fast and easy process."My attorney Mr. Van Ness provided great assistance with my Bankruptcy- Bianca M.
"Mr. Van Ness is an excellent lawyer and very responsive and respectful."He immediately puts you at ease and answer any questions you have. I was very nervous thru the whole process but as he said no question is silly.- Pat G.
"Mr. Van Ness is a very thorough, professional lawyer."He works quickly to get the job done.- Debbie K.
"Mr. Charles Van Ness is a great man to whomever is in need of his service"Mr. Charles Van Ness is a great man to whomever is in need of his service I would strongly recommend him to you… even though I did not accomplish anything from the estate he did work hard to try and do so I appreciate the effort and blessings to his- Anna W.