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When the House Is Foreclosed

ORC 2329.33 — the window closes at confirmation, not at the sale

Ohio does not allow a lender to sell a house outside a court. A foreclosure here is a lawsuit in the court of common pleas ending in a court ordered sale, which means there is a case, a docket, a judge and a set of dates, and a homeowner is a party to all of it rather than a spectator.

  • ORC 2323.07
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Who handles this in Ohio: Legal Aid Society of Cleveland; and legal aid programs, lawyer referral and the state offices, listed in the Ohio directory.Holding a paper like this? Read my paper can read one for you, free with an account.

The first deadline arrives with the papers, and it is twenty eight days. A defendant in a foreclosure ordinarily has twenty eight days to answer the complaint, served on the lender's attorney and filed with the court within three days of serving it. Most foreclosures are decided by default, which means nobody answered and the court entered judgment on the papers. The twenty eight days is the difference between a case and a formality.

  • ORC 2323.07
  • Ohio Civ.R. 12
  • Ohio Civ.R. 5

The sale is not the end. The confirmation is. The property may be redeemed at any time before the court confirms the sale, by depositing with the clerk the judgment, the costs, poundage and eight percent interest. Those are two separate events with a gap between them, and a great many people believe the house is gone the moment the gavel falls at the sheriff's sale. It is not. It is gone when the court confirms.

  • ORC 2329.33

After confirmation there is nothing. Ohio provides no statutory redemption period once the sale is confirmed, so the window that exists before it is the only one there is.

  • ORC 2329.33
StageWhat is still possible
StageComplaint servedWhat is still possibleTwenty eight days to answer. A case, rather than a default
StageJudgment enteredWhat is still possibleThe debt and the order of sale are fixed
StageSheriff's sale heldWhat is still possibleRedemption is still open
StageCourt confirms the saleWhat is still possibleThe window closes here
StageAfter confirmationWhat is still possibleNo statutory redemption period
  • ORC 2323.07
  • ORC 2329.33
  • Ohio Civ.R. 12

Redemption means the judgment and the costs rather than the arrears. Somebody who could find the missed payments is not necessarily somebody who can redeem, because acceleration has usually turned the missed payments into the whole balance by the time a judgment exists.

  • ORC 2329.33
Words some people use here. Nothing requires them.
“Has the sale been confirmed yet, and what does the docket say.”
  • ORC 2329.33

Loss mitigation, loan modification and the federal servicing rules that sit alongside a foreclosure are a separate system with its own deadlines and are not on this page, and neither are the mediation programs some counties run. Tax foreclosures and land contract forfeitures follow different routes again. What a particular docket says, whether a defense exists, and whether redemption is realistic are questions for a licensed Ohio attorney, and legal aid offices and the state's housing counseling agencies handle foreclosures as a matter of course.

  • ORC 2323.07
  • ORC 2329.33
Sources for this section (4)
  1. ORC 2323.07 — Foreclosure, and the court ordered sale it takes
  2. ORC 2329.33 — Redeeming property before the court confirms the sale
  3. Ohio Civ.R. 12 — Defenses and objections, including the twenty eight days to answer a complaint
  4. Ohio Civ.R. 5 — Serving and filing papers after the complaint, including filing within three days of service

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Ohio attorney.

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