A Lorain County foreclosure timeline has been created by Foreclosure Magistrate Michelle Pena. She created this as an article for the Lorain County Bar Association in fall, 2012. It is designed to assist lawyers when asked: “how long can I stay in my home once foreclosure is filed?” This is not an uncommon question. Michelle concludes that from start to finish a case will take seven and a half months. That number assumes that we live in a perfect, procedural world.
Filing Bankruptcy disrupts the Lorain County foreclosure timeline
If you file bankruptcy the automatic stay will disrupt the Lorain County foreclosure timeline. Filing before the case is even filed can buy you the most time. It is an interruption of the case preparation process by the bank, servicer or foreclosure law firm. If the foreclosure is pending the automatic stay will halt the proceedings for about 105 days or until relief from stay is granted. Then all that is needed is an entry re-activating the case.
Chapter 13 can stop the foreclosure for as long as you are current with your plan. It has the added benefit of allowing you to strip totally unsecured second, third or greater mortgages once the chapter 13 is discharged
To even get to the point a case is filed you need to be four or more months behind on your house payments. My Lorain County bankruptcy clients normally do not have the loan sent to a lawyer in under four months.
The Lorain County foreclosure timeline then starts running some time between the fourth and sixth month after your last payment.
The timeline begins:
- Complaint for Foreclosure filed by Plaintiff Lender or Servicer.
- Request for service of summons.
- Clerk sends out summons on complaint.
- Certified mail, service by process server, or publication if no known address (add 30 days for publication).
- Service perfected (mail/process server).
- Defendants have 28 days to from date of service to file an answer with the court.
- No answer filed by defendant property owners
- Or, answer filed but does not contest foreclosure, nor does it state a desire to work out a resolution.
- Plaintiff files a dispositive motion. Can take the form of a motion for default, judgment on the pleadings, or summary judgment.
- Motion set for hearing in 30 days.
- Hearing held on dispositive motion.
- Magistrate reviews file.
- Judgment in foreclosure granted.
- Magistrate decision and adoption entry filed.
- Clerk mails out notice.
- Request for Order of Sale filed by plaintiff.
- Order of sale issued to Sheriff.
- Sheriff ordered to appraise property, publish notice of sale for 3 weeks, and sell the property within 60 days in Lorain County.
- Sheriff sale held – every Wednesday
- Minimum bid is 2/3 of the appraised value
- Sometimes the lender buys the property.
- Plaintiff files motion to confirm sale.
- Sale confirmed.
- Plaintiff provides Sheriff with conveyance forms, checks to auditor, recorder clerk, and Sheriff for deed fee, and Sheriff’s deed.
- Deed recorded and transferred.
- If Writ of Possession had been issued on day 195, the Sheriff returns to the property to see if vacant. If not, the Sheriff will return within 7 days with a moving company.
This is what you can expect to happen in your Lorain County foreclosure if you do nothing. Filing chapter 7 or chapter 13 bankruptcy will interrupt or freeze the timeline. Isn’t it time you call me to stop it?