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.
A foreclosure can take at least four to six months to the sale and confirmation. Sometimes, it can take longer. Failure to defend the foreclosure complaint results in the lender’s attorney filing a motion to default judgment. This speeds up the process. Defending the foreclosure can result in the court referring the case to a number of status or mediation hearings, where forbearance and modification agreement options are considered. Such programs include the “Home Affordable Modification Program” (HAMP) and Ohio’s “Restoring Stability” program which is funded by the federal “Hardest Hit Fund.”
A judgment for foreclosure consists of both the right to sell the real estate and for a money judgment against the homeowner. If the lender receives a judgment of foreclosure, the sheriff appraises the real estate, schedules a sale, and advertises the sale. The sheriff’s sale is a public auction where any adult can submit a bid. The property must sell for at least two-thirds of the appraised value. The sheriff reports the results of the sale to the court. The mortgage company then requests the court to confirm the sale, distribute the proceeds and order a sheriff’s deed. If the homeowner has not yet moved out, the buyer can start the eviction process. Most of the time, the mortgage company buys the real estate. Any mortgage balance not covered by the sale is known as a deficiency balance.
To read more, take a look at some of my other articles: no more debtors’ prison in Ohio, bankruptcy is in the constitution, can debt collectors harass you, save your home from foreclosure, can you lose your home in bankruptcy, Ohio legislature passes law to protect homes., what is mediation, and can you go to jail for not paying payday loans. I have successfully handled the bankruptcy needs for my clients, including the more complicated ones, as set forth in the case highlights section. My hard work has yielded successful results for my clients, as indicated by the following comments: Daniel Gigiano reviews; Daniel Gigiano ratings; Daniel Gigiano work.
Attorney Gigiano is located in Wadsworth, Medina County. He has assisted a number of homeowners in defending foreclosure cases in Medina County, Summit County and Wayne County. Such cases included serving as your Barberton Attorney, Creston Attorney, Rittman Attorney, Sterling Attorney, Wadsworth Attorney, Sharon Township Attorney and Medina Attorney. If you have questions about this or other questions you need answered by an experienced Wadsworth foreclosure defense lawyer in Medina County or an experienced Wadsworth foreclosure lawyer in Medina County, please call Attorney Daniel F. Gigiano at 330-336-3330.