Resource Guide: Foreclosure & Probate
The "Double Trouble" Scenario:
When Two Courts Collide
Inheriting a property is complicated. Inheriting a property with a mortgage in default is a legal emergency. Here is how to navigate both court systems simultaneously.
The core problem
The Danger: Two Clocks Ticking
Two separate court systems. Two different speeds. One deadline that matters.
The Foreclosure Clock
Common Pleas Court. The bank's lawsuit to strip the property from the estate. Moves toward a Sheriff's Sale. Speed: Fast.
The Probate Clock
Probate Court. Grants you the legal authority to sell. Takes 6–9 months to issue Letters of Authority. Speed: Slow.
Critical Risk
If the Foreclosure clock outpaces Probate, the bank sells at auction before you have legal authority to stop it.
Ohio gives you tools other states don't
The Ohio Advantage: How We Stop the Auction
Ohio gives estates specific legal "circuit breakers" unavailable in non-judicial states. We know how to use them.
The "Land Sale" Impediment
Filing a Land Sale Action in Probate Court can act as a jurisdictional impediment to the foreclosure in Common Pleas Court — forcing the bank to halt their Sheriff's Sale.
- Probate Court assumes jurisdiction over the asset.
- Your specialist (us) can purchase the home for a fair cash price.
- Estate equity goes to heirs instead of the auction bidder.
The "Redemption" Payoff
In Ohio, the estate retains the Right of Redemption (ORC 2329.33) up until the Confirmation of Sale is filed — usually 30 days after auction. We can still step in post-auction.
- We pay off the full mortgage balance to redeem.
- Voids the Sheriff's Sale before Confirmation.
- Keeps property and remaining equity within the estate.
Know your stage
Your Timeline: "Red Alert" Zones
You need to know exactly where the property stands in the process.
Foreclosure Stage Reference
What each stage means for the estate
| Stage | What It Means | Threat | Action Required |
|---|---|---|---|
| Complaint Filed | The bank has sued the estate in Common Pleas Court. | Caution | File an Answer within 28 days. |
| Judgment Entry | Court agrees the bank can sell the house. | Warning | We must expedite Probate appointment immediately. |
| Praecipe Filed | Bank has ordered the Sheriff to schedule the sale. | Critical | CALL US IMMEDIATELY. |
| Sheriff's Sale | Auction takes place (often at Realauction.com). | Emergency | We have ~30 days left to Redeem before Confirmation. |
| Confirmation | Judge signs off on the auction. | Too Late | You have lost the house. |
Ready to move forward?
Get a Confidential Estate Analysis
We look up your case docket, tell you exactly how much time remains on the foreclosure clock, and provide a cash offer to settle the estate.