Facing foreclosure in Cincinnati?
Selling first can protect what you've built.

How does foreclosure work in Ohio?

Ohio forecloses through the courts. The lender files a complaint in the Hamilton County Court of Common Pleas, the court enters a judgment if the case goes that way, and the sheriff sells the house at an online auction. Each step takes time, and you can sell the house at any point before the sale is final.

Because Ohio uses the courts, there is no surprise trustee sale like in some states. The case starts when the lender's attorney files the complaint, and that filing is itself public notice of the case (ORC 2703.26). You will be served with papers and given a deadline to answer. Do not ignore them: answering, or having an attorney answer, keeps your options open.

Before any of that, federal rules generally stop a mortgage servicer from making the first foreclosure filing until the loan is more than 120 days behind. That window is the best time to decide what to do, because every option is still on the table.

Can I sell my house while it is in foreclosure?

Yes. You own the house until the court confirms a sheriff sale, so you can sell it the same way you would any other time. At closing the title company gets a payoff figure from the lender, pays the loan and the foreclosure costs, and the lender's attorney normally asks the court to end the case. Confirm the details with your attorney.

The earlier you start, the easier it is. A sale needs a title search, a payoff letter from the lender and a closing date, and those take days, not hours. I can usually close in 14 to 30 days, and in as little as 10 business days when a sale date is coming.

If the house is worth less than you owe, a normal sale may not cover the loan. That is a short sale, which needs the lender's approval. Tell me the numbers and I will tell you honestly whether a sale to me works or whether you should be talking to your lender or a housing counselor first.

What happens to my equity at a sheriff sale?

At a Hamilton County sheriff sale, bidding opens at two-thirds of the appraised value unless the court orders otherwise. If the house sells low, the equity you had can shrink or vanish once the loan, interest, fees and court costs come out. Selling first lets you set the price instead of an auction.

Three appraisers value the property for the sheriff, and the sale is advertised for four weeks before it runs online on a Wednesday. Whatever is left after the judgment and costs is held until a court orders it paid out, which is slower and less certain than a check at a closing table.

If your sale date is already set, read my page on selling before a Hamilton County sheriff sale.

Can I still get my house back after the auction?

In Ohio you can redeem the property at any time before the court confirms the sale, by paying the full judgment, court costs and interest to the clerk of the court of common pleas. Once the judge signs the confirmation, that right ends.

This is called the right of redemption, and it is in ORC 2329.33. In practice it means paying the whole debt quickly, which most people can only do by refinancing or by selling. If you are in that window, call an attorney the same day and call me too, so we can see whether a sale can close in time.

What a sale to Greg does, and what it does not

A sale to me pays off your mortgage at closing if the price covers what you owe, which normally ends the case, and gives you any money left over. It does not cancel the court case by itself, it cannot erase a debt bigger than the house is worth, and it is not legal advice.

I am a local buyer, not a lawyer and not a loan company. What I can do is tell you a firm cash price in writing within 24 hours of seeing the house, and close on the date you need. You can take that number to your attorney, your lender or a counselor and compare it with everything else on the table.

Who else can help me with foreclosure?

Call your mortgage servicer and ask about forbearance, a repayment plan or a loan modification. Talk to a HUD-approved housing counselor for free at (800) 569-4287. If you have been served, speak with an attorney. Selling is one option among several, and sometimes not the best one.

If keeping the house is realistic, keep it. If it is not, or you are tired of fighting for it, selling while you still have equity is usually the cleanest way out. My page on what to do when you are behind on mortgage payments walks through the early stage in more detail.