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Foreclosure Defense

Ohio Appeal Rights

If you do not like the ruling at trial, you may have Ohio appeal rights, which is the right to appeal the trial court’s decision.  

Ohio Appeal Rights To Appeal The Magistrate

    If the trial or hearing was heard by a magistrate, you have the right to appeal the magistrate. If the magistrate issued an order, you have the right to ask the judge to set the order aside.  This must be filed within ten days of the order.  Filing this motion does not automatically stop the order from taking effect.  If the magistrate issued a decision, you have the right to object to the decision.  The objection automatically stops enforcement of the decision.  Unfortunately, this includes the parts you may like along with the parts to which you have objections.  The objection must be filed within fourteen days of the filing of the magistrate’s decision. (more…)

What Is Mediation?

What is mediation? Mediation is a process in which two or more parties negotiate a voluntary agreement with the help of a mediator. The mediator facilitates communication between the parties. Statements made during mediation are protected under Ohio’s Uniform Mediation Act (UMA) as set forth in Ohio Revised Code 2710.01-2710.10 (R.C. 2710.01-2710.10). This privilege gives one the ability to stop other people from revealing what was said at a mediation. Does this mean everything said in a mediation is protected by privilege? No. The following topics are not protected by privilege under the UMA: discussions disclosing abuse or neglect of children and abuse or neglect of the elderly; plans to commit crimes; threats of violence; whether a mediation occurred; and signed settlement agreements. Mediators are neutral third parties who assist the parties with issue identification and problem solving. The mediator will usually meet with each side separately, but some mediation sessions are held with all the parties present face-to-face. Mediation is a useful tool used in several areas of the law, including civil cases, child custody cases, divorces, foreclosures, and abuse, neglect and dependency cases. If the parties do not reach an agreement, the mediator may schedule a follow-up session or may report to the court that an agreement was not reached.   (more…)

Foreclosure Mediation Can Save Your Home

Did you know that foreclosure mediation can save your home?  In response to the rise in foreclosure cases, the Ohio Supreme Court urged the courts to use mediation to help people save their homes.  Many Ohio courts responded to this call for action by offering mediation in foreclosure cases.  Prior to this program, homeowners in foreclosure cases did not have much of a chance to save their homes.  With mediation through the courts, mortgage lenders are forced to have a bank representative participate in the mediation process.  In these sessions, the bank representatives report on the progress of the homeowner’s request for mortgage modification, including whether the request will be granted, denied, or needs additional information to reach a decision.  A foreclosure defense attorney can assist homeowners in this process.  First the foreclosure defense lawyer ensures that the necessary pleadings are filed and the proper defenses are raised.  Second, the mortgage modification lawyer helps ensure that the homeowner’s application for mortgage modification is complete and accurate.  Incomplete or inaccurate applications can be grounds for denying a modification.  The mortgage modification lawyer also helps the homeowner pursue alternative options, such as the hardest hit program.  The mortgage modification attorney helps the homeowner get in touch with the correct resources for completing this process.  This is important as there are numerous scam artists claiming to provide help, but do little more than make money for themselves.  Being directed to the reputable counseling agencies is an important part of the process. (more…)

What is the Foreclosure Process?

What is the foreclosure process?  Before a foreclosure case is filed, the mortgage company sends a foreclosure referral package to their attorney.  A title examination is done to identify all individuals and entities that have an interest in the real estate, which can even include spouse’s dower rights.  Once that is done, a complaint is filed, with instructions to serve the individuals and entities with an interest in the real estate.  Service usually occurs by certified mail or by a sheriff’s deputy.  Once the homeowner receives the complaint, he or she has 28 days to formally respond to the complaint.  These are 28 actual days, which include weekends and holidays.  In other words, the due date is usually exactly four weeks from the date of service.  Once the complaint is received, it is important to consult with an attorney to determine if there are any legal defenses that need to raised, as well as any motions that need to be filed prior to answering the complaint.  Some claims must be raised before filing a formal answer. (more…)

Foreclosure Defense

Under the Making Home Affordable act, homeowners who fall behind on their mortgage payments can have their mortgages modified. This can be accomplished by reducing the initial interest rate to as low as 2% and extending the term of the mortgage loan. This process often occurs at the same as the foreclosure process. Because the time to complete the modification process varies, it is important to protect your rights by defending the foreclosure complaint. Attorney Gigiano has provided successful foreclosure defense for numerous homeowners facing the loss of their home.  Call now to learn how his experience can help you obtain your modification while defending your foreclosure case.