The Typical Foreclosure Process

Foreclosures typically follow the same paths and similar timelines. While the specific issues that make them happen vary from person to person, once the foreclosure wheels are in motion, most foreclosures follow the same timeline.

A typical Mortgage Foreclosure Lawsuit Timeline**:

This timeline can play out in less than 180 days!! Do not wait!! Act now to save your home!!

First 30-90 Days:

Homeowner does not make monthly mortgage payments.

After 90 Days:

Mortgage Company can file a mortgage foreclosure lawsuit in court.

28 Days:

You receive notice of a mortgage lawsuit.  You have 28 days from the date of service to file an answer with the court. FOR LEGAL ADVICE, PLEASE CONSULT AN ATTORNEY.

After 28 Days:

If an answer is not filed by the 28-day deadline, the Mortgage Company can get a Default Judgment against you and ask the Court for an order to sell your property.

Next 3 Months:

After the Default Judgment, your property is appraised to determine its value.

Sheriff Sale:

The sale date is published in the Dayton Daily News 30 days prior to the sale. A list of properties for sale can be accessed online at www.mcohio.org/sheriff. Click on the yellow tab “Properties For Sale.”

   Day of Sale: All Sheriff sales are held in the Lower Level of the County Administration Building, 451 West Third Street, Dayton, Ohio 45402 and begin promptly at 10:00 a.m. Check the list of properties for sale for the exact sale date (www.mcohio.org/Sheriff).  The list is updated weekly.
Next 2 Weeks:

Mortgage Company asks the Court to "confirm" the Sheriff Sale.  The Court will order a Sheriff’s Deed to the party who purchased it. You no longer own the property.

2-4 Weeks:

The new owner requests from the Court a writ of possession to have you removed. The Sheriff will generally give you 10-14 days to move out of the property. In rare cases, this may be extended up to 30 days for hardship.

**This information is provided by Montgomery County Clerk of Courts, Gregory Brush, as a public service and should not be considered as legal advice. You will need to contact an attorney for legal advice.