The summons and complaint are sent to notify you of the plaintiff’s claims and of what remedy the plaintiff seeks from the Court. In a foreclosure case, the plaintiff typically claims that you owe it a sum of money, that this debt is secured by a mortgage on your property, and that it would like the property sold to satisfy the debt. A written answer must be filed with the Clerk of Courts within 28 days from the date you receive the summons. If you do not file a written answer within the 28 days denying the allegations in the complaint, the Court may find that the allegations of the complaint are true and may, upon filing of an application for default judgment, grant the relief requested in the complaint.
A default hearing is set when the party seeking foreclosure files a motion for default judgment. The motion is filed when at least one party to the case has not filed a timely answer. At the hearing, the magistrate will explain the foreclosure process. The magistrate has the discretion to grant you leave to file an answer. If no answer is filed and the party seeking the foreclosure has made the proper allegations and has provided all necessary supporting evidence, judgement will be issued allowing foreclosure.
You are not required to attend the default hearing. However, if you do not Answer the Complaint or appear at the default hearing, a judgment may be rendered against you.
Once the Court issues a decree of foreclosure, the party awarded the decree of foreclosure may order the property sold. If the party awarded the decree of foreclosure immediately orders the property sold at sheriff’s sale, the sale will be set on the sheriff’s sale calendar, the property will be appraised, and the sale will be advertised. The sale will occur approximately two to three months following the issuance of the Judgement entry. If the party awarded the decree in foreclosure decides not to have the property sold at sheriff sale, the property remains in the titleholders name and does not transfer to the bank.
Yes. You may redeem your property after sheriff’s sale, but prior to confirmation of sale, by paying in full all of the liens on the property and all of the costs of the case. To complete a redemption, a motion to redeem must be prepared, all of the lien holders must be contacted for payoff amounts, the Sheriff’s Department and the Clerk of Court must be contacted to determine the costs of the case, and a journal entry must be prepared ordering the redemption and ordering the distribution of the funds to the various parties. The amount of Sheriff’s costs may be obtained by calling (440) 329-5515. Clerk’s costs may be obtained by calling (440) 329-5475.
As part of the decree of foreclosure, the purchaser at sheriff’s sale is awarded a “writ of possession”. This allows the purchaser to evict the former owners of the home without the need to file a separate eviction case. The purchaser must notify the Sheriff’s Department that he or she desires to have the previous owner evicted. At this point a representative of the Sheriff’s Department will notify the previous owners of the house in question of the date by which they must vacate the premises, usually within 30 days of the notification.
Once the plaintiff and any other parties who have claimed a lien on the property have been paid out of the sheriff’s sale proceeds, the party who owned the property at the time of sheriff’s sale is entitled to any remaining funds. In order to receive these funds, the owner of the property at the time of sheriff’s sale must file a motion to distribute balance of funds with the Clerk of Court.
The sheriff’s sales are public auctions where property is offered and sold to the highest bidder.
The Sheriff’s sales are conducted in the Lorain County Commissioners Room on the fourth floor of the Administration Building (226 Middle Avenue, Elyria, OH 44035). The sales take place every Wednesday at 10:15 am when scheduled.
Yes. The minimum bid is an amount equal to 2/3 of the appraised value of the property, except in sales that result from real estate tax cases. In real estate tax cases, the minimum bid is equal to the taxes owed, court costs and deed fee.
The Sheriff will require you to make a 10% deposit ($1,000.00 minimum / $10,000.00 maximum), at the time of the sale and require you to pay the full amount of your bid within 30 days of the date of the sale. If you fail to pay the full amount of your bid within thirty days from the date of sale you will be held in contempt of Court and may forfeit your deposit and be forced to pay a fine. In addition, if you fail to pay in full within eight days of the confirmation of sale, interest will be charged on the balance at the rate of 10% per annum from the date of the confirmation of sale to the date the balance is paid.
If the Court stays the confirmation of the sheriff’s sale, the purchaser is not required to abide by the initial payment schedule as detailed above. Rather, the day the stay is lifted is treated as the day of sale for the purposes of the payment schedule. Accordingly, the purchaser may pay the balance of the purchase price within eight days of the lifting of the stay to avoid paying interest and must pay the balance of the purchase price within 30 days of the lifting of the stay or face contempt charges.
The Sheriff accepts as payment only by cashier's check.
A list of properties scheduled for sheriff sale may be viewed at the Civil Division of the Sheriff’s Department, Justice Center, 1st Floor, 225 Court Street, Elyria, OH 44035. You may also obtain an online listing of properties through the Sheriff's office at www.loraincountysheriff.com. The Chronicle Telegram and Morning Journal advertise scheduled Sheriff Sales each Friday. For more information, please see the Lorain County Sheriff's Sale FAQs.
Local Rules 16-17 govern foreclosure, partition and quiet title cases in Lorain County.
The principal difference at the outset is the necessity to file (with the complaint) guaranteed evidence of the state of the record title of the property. This document is referred to as a Preliminary Judicial Report and will reflect the name of the record owner, a legal description of the parcel of land, and a listing of all interests in the property that appear of record. All parties with an interest in the property are necessary parties to the foreclosure case and must be named in the complaint.
The case may be dismissed after notice for such failure.
Usually, a hearing will be scheduled approximately one month following the submission of the motion for default, Final Judicial Report, Affidavit on Account, Military Affidavit and proposed Judgement entry.
Once a Praecipe for Order of Sale is filed with the Clerk, the property will be appraised, advertised and sold at a public auction in the Lorain County Commissioners Room on the fourth floor of the Lorain County Administration Building (226 Middle Avenue, Elyria, OH 44035).