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You’re invited to attend the free virtual world premiere of the “The Con” on August 5

Sheriff Sale

July 27, 2020 By Marc Dann

I was Ohio’s Attorney General when the fraud-driven collapse of the housing market documented in “The Con” began. I’m proud to say that my office was at the forefront of the effort to hold the big banks, predatory lenders, rating agencies, mortgage brokers, stock and bond speculators, brokerage firms, real estate appraisers and others who ignited the near-collapse of the global economy accountable for their actions.

The things I learned as we investigated the mortgage industry were extremely disturbing and distressing. We discovered the home mortgage, which had for decades been the very foundation of the American dream, had become the cornerstone of a multi-trillion dollar racket run by charlatans, scam artists, and cheaters who gleefully used deceit and trickery to prey upon and ruin working and middle-class families.

While their behavior was deplorable, I was even more outraged by the fact that the regulators responsible for protecting the American people had turned a blind eye to the scam that was taking place under their noses and then refused to prosecute any of the criminals once it blew up.

I founded DannLaw in response to the government’s utter failure to protect and seek justice for homeowners and consumers. For more than a decade, DannLaw has filled the void left by regulators and prosecutors who refuse to do their jobs. We have used the law and the civil justice system to help thousands of families save their homes and to force banks, mortgage servicers, and other cheaters to play by the rules and compensate our clients.

I urge you to watch “The Con” which is fascinating and infuriating and to remember that we at DannLaw are here to do the job the regulators won’t.

You can register for the August 5 free Virtual live premiere of The Con here: https://www.thecon.tv/event

I hope you will join me for this important event.

https://dannlaw.com/wp-content/uploads/2020/07/The-Con-Trailer_R02.mp4

Filed Under: Consumer Fraud, Evcitions, Foreclosure, Founding Partner, In the News, Mortgage Fraud, Sheriff Sale, The Con Tagged With: foreclosure, Mortgage Fraud

May 7, 2019 By Marc Dann

Ohio Sheriff Sale Eviction Process

How Long Do I Have in My House After a Sheriff Sale?

Once the Ohio foreclosure process is over and your home has been sold at a sheriff sale, you are not yet legally required to leave your home. There are a few steps the sheriff, court and new owners must take before you can be evicted. You may also be able to save your home or stay the eviction process.

The Ohio Sheriff Sale Eviction Process

Once your lender obtains a Final Judgment of Foreclosure, the sheriff sale process will begin:

  1. The sheriff appraises your home with the aid of three neutral parties. The sale will then be advertised in a local newspaper for three consecutive weeks.
  2. The sheriff sale is held. The sale is a public auction. The property may not be sold for less than 2/3 of its appraised value. The lender is often the winning bidder. It is important to note that you are not required to leave the property and the buyer cannot change the locks or otherwise obstruct you from continuing to reside in the property when the sale concludes.
  3. What is known as a redemption period begins immediately after the sale. The sheriff has 60 days to inform the court of the sale. The court then has 30 days to confirm it. This is called “redemption period” because during these 90 days you can redeem your home by paying the full amount owed on the judgment plus any fees or costs incurred during the foreclosure. This could take the full 90 day period, but may also be completed in only a couple days. Therefore, it is wise to move fast if you plan to redeem your home.
  4. Once the sale has been confirmed, the deed will be drawn up and the buyer will pay the purchase price and record a new deed. At this point the buyer has possession of the property and you can be evicted.
  5. The buyer can request a Writ of Possession and the sheriff will generally give you 3-7 days to vacate the property.
  6. If you do not move by the deadline, the sheriff will remove your belongings from the house. You may request an deadline extension from the sheriff’s office, but they are not obligated to grant the request.

You can choose to wait out the time period and save money to pay for a new place to live. You may also hold out in the hope that the new owner will offer you money to move sooner, a transaction known as “cash for keys.” You also have the right to file for bankruptcy, which will stop all foreclosure proceedings. You should speak to a professional Ohio bankruptcy attorney to see if this is a viable option.

At DannLaw, we provide sound advice throughout the foreclosure process and make sure you are not removed from your home before you are legally obligated to vacate. We can also help you stay the sheriff sale and fight to keep your home. Contact us today to learn more about your options when facing an Ohio sheriff sale.

Filed Under: Sheriff Sale

May 10, 2018 By Marc Dann

OH Sheriff Sale Timeline

If you find yourself in the middle of foreclosure proceedings in Ohio, it is important to know what the steps are leading up to the sheriff sale and when the sale will take place. It is also paramount to know what will happen if the sale occurs and the time frame in which you can still pay off the mortgage and save the property.

The OH Sheriff Sale Timeline Explained

  1. The lender files a foreclosure complaint with the Court of Common Pleas in the county in which the property up for foreclosure is located.
  2. A summons and a copy of the foreclosure complaint will be sent to you. You have 28 days to respond to the complaint and summons. At this point it is wise to retain the services of an experienced attorney to discuss the options available to you, including:
    • Filing a Motion to Dismiss – If you think the mortgage lender is foreclosing improperly, you can file a motion to dismiss, which is asking the court to drop the lawsuit.
    • Filing an Answer – Answering the complaint will allow you to state which allegations in the complaint are true and which you wish to dispute. This may also enable you to ask the court for additional time to resolve the case with your lender.
    • Asking for an Extension – You may also ask the court for more time than the normal 28 day period to formulate a response to the complaint.
    • Ignoring the Complaint – This is not to your benefit if you want to stay in your home, as it allows for the lender to file a motion for default judgment with the Court. This allows the lender to move to a sheriff sale much faster.
  3. After your response, the lender will file a motion for summary judgment. This asks the Court to declare you have no proper legal defense. If you want to dispute the lawsuit, this is the point where you do so. If the motion is successful, then the lawsuit will be won by the lender and the foreclosure will move towards the sheriff sale.
  4. At any point in the foreclosure proceedings you can opt to file for bankruptcy which will stop the foreclosure proceedings. You should consult an experienced bankruptcy attorney to further explore this option to see if it is right for your situation.
  5. The sheriff appraises the property to assess its value with the aid of three disinterested persons.  The sale is then advertised for at least three consecutive weeks in a local newspaper.
  6. The Sheriff Sale takes place. This is a public auction where the property must be sold for at least 2/3 its appraised value. Often the lender is the winning bidder. Note that you are not required to leave your home and the buyer cannot change the locks or otherwise evict you until the redemption period is finished.
  7. The redemption period starts. The sheriff has up to 60 days to report to the court about the sale and the court has up to 30 days to confirm the sale. During this time you may redeem the property by paying the full amount owed on the judgment. Note that this can take anywhere from the full 90 days to only a few depending on how fast the sheriff and the court process the foreclosure.
  8. The deed is drawn up and the buyer pays the purchase price and records the new deed. At this point the buyer takes possession of the property and can move to have you evicted.

At DannLaw, we will help you fight against foreclosure and explore all of your options for stopping a sheriff sale and staying in your home. We will aid you in making smart decisions every step of the way and make sure that your lender follows all proper legal procedures. Contact DannLaw today to get started on your foreclosure case.

Filed Under: Sheriff Sale

March 27, 2018 By Marc Dann

Ohio Sheriff Sale

If you are in danger of losing your home to foreclosure, you should contact an Ohio foreclosure defense attorney immediately. That’s true even if your mortgage lender, Wells Fargo, Bank of America, etc., has obtained a final judgment and a sheriff sale of your home has already been scheduled. There are laws in place to protect your rights, and you can still fight back. Here’s what you can do to postpone or stop an Ohio sheriff sale.

Options to Stop an Ohio Sheriff Sale

Obtain a Stay of Sale Motion. You can file a motion asking a state court judge stay the sale.

Seek Bankruptcy. Filing for Chapter 7 or Chapter 13 bankruptcy will generate an Automatic Stay that stops all creditor actions including foreclosure lawsuits and sheriff sales. This is true even if you file for bankruptcy the morning of the scheduled sheriff sale. But please don’t wait until the last minute, contact DannLaw to arrange a no-cost consultation before a foreclosure lawsuit is filed or sheriff sale is scheduled so we can determine which course of action is best for you.

Apply for a Loan Modification. If you apply for a loan modification in Ohio at least 38 days before the date of a sheriff sale your lender must halt the sale and review the application before proceeding. If your loan modification is approved and you begin making payments your lender cannot pursue a foreclosure action or sheriff sale.

Learn more about the OH Sheriff Sale Timeline

Contact the Foreclosure Defense Attorneys at DannLaw

It is important that you contact a foreclosure defense attorney as soon as possible if you are facing an Ohio sheriff sale. DannLaw’s knowledgeable and experienced attorneys have helped hundreds of families stay in their homes. Reach out today for a free consultation so we can discuss your situation and begin fighting for you.

We can help you stop a sheriff sale in all Ohio counties including:

  • Franklin County
  • Hamilton County
  • Cuyahoga County

Filed Under: Sheriff Sale

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