Dealing with a foreclosure in Ohio can be hectic. The average person is not really prepared for the paper work and interactions with the court system that lawyers are trained to handle. Here are three common issues with Ohio foreclosures that people often face.
Failing to Prove the Right to Cure the Default
Should your mortgage loan agreement call for a lender to provide you with a full written notice of default, you also have time to bring the loan current by paying off past due cha
rges and payments. This is known as curing and it typically lasts 30 days before the bank can officially file foreclosure. Should you be able to fully cure your default or be able to tender payment in a sufficient amount but the lender refuses acceptance) and the bank forecloses on you anyway, you can raise this as a defense. Also, you might be able to request the case be dismissed.
Failing to Provide Notice of Default
Should the lending bank fail to provide you with a written notice of a default that is required by the stipulations of your loan agreement, you can raise that failure as a defense during the foreclosure. Should the court agree with you then the case might be dismissed. However, this is only a temporary fix and should you not bring the loan current the bank will be able to send the written notice and file a foreclosure again.
Payment Mistakes or disputes
Foreclosing creditors have to allege as well as prove that your loan is in default and that the balance due amount in reference to your mortgage loan is accurate. It is not that rare for mortgage lenders to miscalculate your balance due, add attorneys’ fees and other tangential charges to the due amount that the loan does not support, overcharge a lender’s interest and other fees, misapply interest and principal payments, or in properly account for all payments the borrower has made. Such mistakes can prevent the lender from legally foreclosing.
To find out more contact the experts at the Chris Wesner Law Office today.