The Law Library Staff prepares "Research Frequently Asked Questions" (FAQs) for the convenience of our users to provide access to a variety of sources addressing particular points of law. These are general legal information sources, and are not to be construed as a substitute for personal legal advice from an attorney. Please seek legal counsel to help you determine the applicability of any of the information in these resources to your specific situation. The Law Library makes no recommendation as to whether you should purchase any services offered by the websites contained in this FAQ.
See also our Research FAQ on Mechanics’ Liens.
FORECLOSURE
Cuyahoga Common Pleas Court - Foreclosure Department: FAQ with links to forms and Local Rules.
Ohio Revised Code:
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O.R.C. Chapter 2329: Execution Against Property
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O.R.C. § 2703.26: Lis pendens in general
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O.R.C. Chapter 5721: Foreclosure for Deficiency in State Taxes
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O.R.C. § 2323.07: Sale of Foreclosed Properties
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O.R.C. § 5313.07: Foreclosure, Land Installment Contracts
Federal Laws:
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50 U.S.C. app §511: Servicemembers Civil Relief Act
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HUD Regulations: 24 C.F.R. 203.500
Cuyahoga County's Foreclosure
Prevention Program Agencies
Homeowner Resource Info from Cuyahoga County
Cuyahoga County Common Pleas Court: Local
Rules regarding Foreclosure (Rules 24, 25, 26, 27)
Save the Dream: Ohio's
foreclosure prevention effort. Extensive site offering aid to homeowners. See
especially County-Specific Local
Resources.
Ohio Home Rescue Fund: A program
of the Ohio Department of Development.
U.S. Department of Housing and Urban Development (HUD) Pages:
Ohio State Bar Association articles:
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The Law & You - Chapter 8 - Property Law, Types of Real Property: Mortgages and Liens
American Bar Association Guide to Home Ownership: Chapter 8.
The following books may be available at your local public library:
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Ohio Real Property Law and Practice (Lexis)- Ch. 19, Foreclosure and Judicial Sales
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Anderson's Ohio Residential Real Estate Manual (Lexis)-§ 7.07
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Baldwin’s Ohio Practice: Ohio Real Estate Law (Thomson/Reuters)-Chapters 11A, 36, 37, and 38
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Ohio Jurisprudence, 3d, Foreclosures (Thomson/Reuters)-see the heading of Mortgages
Article:
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Benson, Melissa C., et al., Problems with expectations, not HAMP itself, 24 Ohio Lawyer 26 (Nov./Dec. 2010)
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Brooks, James, Vacant properties complicate the foreclosure crisis. Reprinted from the Sept. 20, 2010 issue of Nation's Cities Weekly, 58 Cities & Villages 25 (Sep./Oct. 2010)
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Eschleman, Lisa L., Saving the dream of Ohio homeowners, 22 Ohio Lawyer 12 (July/Aug. 2008)
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Fiore, Rose Marie, et al., Legal standing to foreclose, 4 Cleveland Metropolitan Bar Journal 18 (Nov. 2011)
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Pianka, Raymond L., Cleveland Municipal Court Housing Division: R.C. 3767.41: receivership and foreclosure jurisdiction, 78 Cleveland Bar Journal 16 (Apr. 2007)
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Russell, Monica E., The Schwartzwald effect: the impact of the Ohio Supreme Court's decision in Fed Home Loan Mtg Corp v Schwartzwald on foreclosures in Ohio, 6 Cleveland Metropolitan Bar Journal 18 (Oct. 2013)
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Russell, Monica E., Fundamentals of a short sale, 4 Cleveland Metropolitan Bar Journal 28 (Oct. 2011)
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Somerville, Debbie, Ohio's restoring stability program: a Save the Dream Ohio initiative, 60 Cities & Villages 13 (Nov./Dec. 2012)
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Sutter, Kimberly M., The mortgage crisis: the effect of foreclosures on community associations, 2 Cleveland Metropolitan Bar Journal 34 (Oct. 2009)Ulrich, Phyllis A., The morphing of loss mitigation and its ultimate role in the bankruptcy process, 3 Cleveland Metropolitan Bar Journal 16 (Sep. 2010)
FORECLOSURE MEDIATION
Ohio Revised Code:
Ohio Supreme Court:
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Foreclosure Mediation Program Model Documents, Resources and Training
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Foreclosure Mediation in Ohio: What You Need to Know