What is the timeline for a Mortgage Foreclosure Case?

Beginning with the case filing, the case can be completed and the home sold at sale within 180 days. We have provided a Mortgage Foreclosure timeline below for your convenience. This timeline can play out in less than 180 days! Don’t wait…act immediately…Contact your lender first 30-90 Days that owner is behind in mortgage payments. 20 Days later owner receives letter stating that within 10 days legal proceedings will occur. 30 Days later Legal proceedings begin when mortgage company files complaint (lawsuit). 28 Days later owner has 28 days from receipt of complaint to respond or file an answer with the clerk of court. This must be done. Owner has no ability to stop foreclosure by dodging certified mail. Legal advice is recommended. Within 5-30 days later, mortgage lawyer files a motion for default judgment if owner does not file a response or answer with the clerk of court. Judge will sign default judgment, frequently without owner’s knowledge. This judgment will order the appraisal and sale of the property. Mortgage lawyer files with the clerk of court a legal form known as a praecipe for an order of sale which also orders the appraisal of the property.  This is usually done without the knowledge of the owner. Within 3 Days the Clerk delivers the order of sale to the Sheriff. During the next 3 months an appraisal is ordered and completed, frequently without the owner’s knowledge. The sale date is set, usually around 5 months after the order of sale is filed. The sale is advertised in the newspaper and/or legal news for 3 weeks. This may be the only notice the owner gets of the sale date. Day of the sale the Sheriff will auction the property and sell to the highest bidder. Bidding generally starts at 2/3 of the appraised value. 7-60 Days After Sale a legal form called a confirmation entry is filed by the mortgage lawyer with the clerk of court. This orders the sheriff to prepare a deed, and it gives the new owner the right to file for a writ of possession. After the confirmation entry is filed, signed by the judge, and recorded by the clerk, there is nothing that can be done to stop the sale by the owner. Only rare legal irregularities can stop the sale at this point. Even bankruptcy cannot stop the sale. Sheriff deed is issued; new owner files for writ of possession. Sheriff will place a red tag on the door of the house stating the owner has 10 days to move out of the home. This may be extended for up to 7-10 days for hardship; any time needed beyond that will require the consent of the new owner. If the owner does not move out, the sheriff will enter and remove his/her belongings and place them by the curb.

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1. Where is the Civil Division of the Clerk of Courts located?
2. I am in need of an attorney but cannot afford one. Who can I contact?
3. How long does a Foreclosure case take?
4. Money has been taken out of my payroll check for a garnishment. How can I stop this from occurring?
5. We received money on a garnishment but the money has not been paid out. How do we get the court to issue the funds?
6. Who do I contact for a Mechanic's Lien?
7. How do I obtain a copy of a particular order regarding my case?
8. Where do I obtain a Marriage License?
9. How do I contact the Prosecutor's office?
10. Am I in the correct court?
11. Which courtroom is my case assigned to?
12. When am I scheduled to appear in court for my case?
13. Is information available on line regarding my case?
14. What is the timeline for a Mortgage Foreclosure Case?
15. What is the cost of a Mortgage Foreclosure filing?
16. I filed a case or motion today. When can I expect the case to appear on the court's docket?
17. What is the cost to file a Civil Case?
18. Are there additional costs attached to a case filing?
19. What is the cost of filing a garnishment?
20. How do I find out if there are liens on the property I wish to purchase at a Sheriff's sale?
21. How may I obtain copies of a case?
22. Whom should I contact to check service on a complaint that has been filed?
23. Where can one obtain information regarding a Federal Lien that has been filed?
24. What types of liens does the Lucas County Clerk of Courts office accept for filing?
25. What is the difference between a state lien and a private lien?
26. I have questions regarding my credit history. How can I obtain information regarding that history?
27. I owe court costs. Can I be placed on a payment plan?
28. How may I find out the amount of court costs I owe?
29. How much is owed on my garnishment?
30. Do you accept credit cards as payment?
31. When can I expect a check for a mortgage foreclosure?
32. Why must I pay a Title fee on a Tax Foreclosure Case?
33. Where can I obtain a copy of the Local Rules governing our courts?
34. Do you accept fax filings?
35. What is the charge for copies?