How Does A Cuyahoga County Sheriff Sale Begin?
Cuyahoga County is the second largest county in Ohio in both population and area. Cleveland, one of the largest cities in the state, is the county seat. In Cuyahoga County, the Sheriff Sale process begins when a mortgage lender such as Bank of America or Wells Fargo, obtains a final judgment in a foreclosure case. They will then ask the sheriff to first appraise and then sell the property.
Before the Sheriff Sale can actually take place, the Cuyahoga County Sheriff must:
- Have the property appraised by three impartial parties
- Advertise the sale for at least three consecutive weeks in a local newspaper.
The property may not be auctioned for less than 2/3 of the appraised value. It is critically important for you to stay informed the sale because you cannot count on your lender to do so. The best way to stay up to date is to take the initiative and contact the Cuyahoga County Sheriff’s Office at (216) 443-6000 to discuss the progress of the sale.
For a more in depth look at the sheriff sale process take a look at our Ohio Sheriff Sale Timeline.
Can I Stop a Cuyahoga County Sheriff Sale?
There are several ways to delay and even stop a Sheriff Sale:
- Pursue a Foreclosure Defense. If you forgo an appeal or bankruptcy, then you will need to show there is another legal reason why the sale should be stopped. This is will require you to mount a foreclosure defense. Experienced Ohio foreclosure defense attorneys, including the DannLaw legal team, will be able to analyze your case and assess your options for defending against the foreclosure.
- Apply for a Loan Modification. If you complete a loan modification application and submit it at least 38 days before the sale, the lender must, by federal law, halt the sale and review the application. The foreclosure process cannot continue if you are making payments on a loan modification.
- File a Stay of Execution of Judgment. In order to have a judge stay the sale, you must file a Notice of Appeal within 30 days of the judgment. If that is successful, you can then file a Motion to Stay Execution of Judgment with the judge. The judge has discretion when it comes to staying a sale and will often require you to post a bond.
- File for Bankruptcy. Under most circumstances, filing a Bankruptcy Petition will, by federal law, entitle you to an Automatic Stay. This stops most actions by creditors including the Sheriff Sale process. Bankruptcy is not something to pursue lightly and you should consult with an experienced Ohio bankruptcy attorney who can help you properly assess your options.
My Lender Is Still Conducting the Sale While My Loan Modification Is in Review. How Can I Stop This?
By federal law, your lender is not allowed to conduct a sheriff sale while they are also reviewing a completed loan modification application. In fact, they may not do any of the following:
- File a foreclosure complaint
- Pursue a Sheriff Sale
- Apply for a final judgment of foreclosure
If your lender is pursuing illegal foreclosure actions, you should contact an attorney to help you fight back. Don’t allow your lender to violate your rights, the law, and take away what is legally yours.
If your home is scheduled for a Cuyahoga County Sheriff Sale, contact the lawyers at DannLaw. We are experienced in foreclosure defense, bankruptcy filings and loan modification. We can help you keep your home.