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What should I do if I am served with a homeowner’s or condominium association foreclosure complaint?

2020-06-17T10:29:21-04:00

Like all foreclosure complaints filed in Ohio, you should forward a copy of the complaint immediately to your attorney's office to ensure that your mortgage is properly protected. Failure to file a responsive pleading within 28 days after service of the Complaint in a foreclosure action filed against the mortgaged property may result in the [...]

What should I do if I am served with a homeowner’s or condominium association foreclosure complaint?2020-06-17T10:29:21-04:00

Does an entity have to be registered with the State of Ohio before filing an action?

2020-06-17T10:27:49-04:00

Yes.  Ohio Revised Code §1703.03 and §1703.29 require that an entity must be registered with the State of Ohio in order to maintain any action in any court in the State of Ohio.  There are exceptions to this registration requirement including: national banks and their subsidiaries, credit unions, title guarantee and trust companies, bond investment [...]

Does an entity have to be registered with the State of Ohio before filing an action?2020-06-17T10:27:49-04:00

Are there any steps I must take to be able to initiate a foreclosure?

2020-06-17T10:27:57-04:00

Yes, and the steps vary based on the type of loan you have. Federal regulations require additional protections for borrowers for some loans, but all residential foreclosures in the state of Ohio must be preceded by mailing a Breach Letter (also known as a Notice of Default) to the borrower at the property. If you're [...]

Are there any steps I must take to be able to initiate a foreclosure?2020-06-17T10:27:57-04:00

Why have I been contacted by the Law offices of Clunk Hoose?

2020-06-17T10:29:10-04:00

Clunk Hoose is a law firm that handles collection matters for clients seeking to recover debt that is owed. We are here to help companies come to amicable agreements with consumers with outstanding debts. We act under agreement to: work directly for the original service provider (such as banks, colleges and universities, student loan lenders, [...]

Why have I been contacted by the Law offices of Clunk Hoose?2020-06-17T10:29:10-04:00

When can I file a Motion for Relief From Stay (MFR)?

2020-06-17T10:29:06-04:00

A motion for relief from stay is generally warranted when either the debtor is surrendering the property (essentially giving up on the debt), or we can establish that the lender is not adequately protected. The criteria for determining adequate protection in a Chapter 7 case is fairly straightforward – is there any equity in the [...]

When can I file a Motion for Relief From Stay (MFR)?2020-06-17T10:29:06-04:00

Why should a complaint be filed after the review of title information?

2020-06-17T10:29:00-04:00

A complaint typically should not be filed without title information for several reasons. First, many counties in Ohio require that title be submitted to court along with the complaint, while other counties require that the attorney filing the complaint sign a certificate stating that title has been examined. Second, an examination of title will show [...]

Why should a complaint be filed after the review of title information?2020-06-17T10:29:00-04:00

When can I expect to receive proceeds from the sale?

2020-06-17T10:28:53-04:00

There are 88 Counties in the State of Ohio, and 88 separate answers to this question. Generally, the terms of sale require the purchaser to deposit the balance of the purchase price either (a) within 30 days from the date of sale, or (b) within 30 days from the date the sale is confirmed. Most [...]

When can I expect to receive proceeds from the sale?2020-06-17T10:28:53-04:00

Can we postpone a sheriff’s sale in Ohio?

2020-06-17T10:28:47-04:00

We are asked quite frequently to postpone sales in Ohio. Sheriff Sales can not be postponed in the State of Ohio. We can only attend or withdraw sales. There are two counties that are exceptionally difficult to withdraw a Sheriff’s Sale and they are Lorain and Medina Counties. In Lorain County to withdraw a sale [...]

Can we postpone a sheriff’s sale in Ohio?2020-06-17T10:28:47-04:00

What should I do if I am served with a tax foreclosure?

2020-06-17T10:26:44-04:00

If you are served with a tax foreclosure, you should pay any delinquent taxes before penalties and interest begin to accrue, as outlined in FAQ [Should I pay real estate taxes on a property in foreclosure?]. You may determine the amount that needs to be paid by contacting the Auditor’s office in the county in [...]

What should I do if I am served with a tax foreclosure?2020-06-17T10:26:44-04:00

Should I pay real estate taxes on a property in foreclosure?

2020-06-17T10:26:51-04:00

The answer to this question depends upon whether the loan is in foreclosure and what stage of the foreclosure process the loan is in. You should pay delinquent real estate taxes pre-foreclosure sale, so that penalties and interest do not continue to accrue on the property because penalties and interest get paid prior to the [...]

Should I pay real estate taxes on a property in foreclosure?2020-06-17T10:26:51-04:00
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