Q: Can a complaint be filed in Ohio without a title examination?

A: While some counties would accept a complaint filing without proof of title, our firm does not file a complaint without first reviewing a 42-year title examination. This philosophy is in the client’s best interest to prevent possible lawsuits involving slander of title and blemish of credit which may result from filing a complaint without first verifying the correct parties of interest. Judgments from these types of lawsuits have yielded judgment in excess of $50,000.00 against the creditor.

Q: What is the timeline for a foreclosure in the state of Ohio, and what are some common delays associated with your state?

A: While our firm adheres to the standard 210 day requirement set by FNMA, we frequently complete a standard foreclosure, without uncontrollable delays, in considerably less time. Our firm averages approximately 185 days from referral received to sale held. This timeframe can be lengthened by several common delays associated with the mortgagors and with different counties in our state. The most common delays include:

• Contested foreclosures
• Court delays in setting hearing and approving entries
• Service delays, including service by publication (if necessary)
• Sheriff’s delays involved with scheduling the sale
• Cuyahoga County

Ohio is a judicial state, and each of Ohio’s 88 counties have specific local rules. Each case is treated on an individual basis. In applying our extensive knowledge and intense detail of all of the counties’ local rules, we are able to complete a foreclosure efficiently, effectively and without controllable delay.

Q: Are breach letters required in the state of Ohio?

A: Ohio, by statute, does not require a breach letter. A breach letter is required if specified by the terms of the note and mortgage.

Q: Can a sheriff’s sale in Ohio be postponed or stopped?

A: None of Ohio’s 88 counties will allow a sale to be postponed. The Sheriff schedules sales in the order in which they are received. Therefore, sale cannot be “bumped” to a later date. A Sheriff Sale can, however, be stopped and reordered if necessary. Because each county requires different methods to stop a sale (i.e. Signed entry by a Judge, payment of court costs, immediate dismissal of foreclosure, etc.) it is imperative that our office be notified no later than 1:00 P.M. the day prior to the sale. If our firm is not advised in a timely fashion and the sale is held, the liability involved when a third party purchases the property can be extensive. This notification requirement ensures that the client is protected from liability that can result in a Sheriff Sale taking place after loss mitigation or reinstatement, which can be extensive to our clients. It is recommended that notification to stop a Sheriff Sale be communicated directly by telephone. Our staff is always personally accessible during our business hours and specific guidance for our clients can be provided on a case-by-case, county-by-county basis.