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FAQs
What does it mean to be in foreclosure?
Once the lender sues you in Court to obtain judgment and a Sheriff’s Sale date on your house, you are “in foreclosure.” However, the lawsuit itself can take quite a long time to finish. It is not until that lawsuit is finished that your lender has the right to go into the house.
Can I stay in my house while it is in foreclosure?
Yes! While the foreclosure lawsuit is pending against you, you can (and should) stay in the house. The lender doesn’t have the right to go into the house until the case is over. It is upsetting enough to be in foreclosure. But, there is no reason why you should abandon the house. Lenders will often threaten to “put you out,” or to “take your house.” But, be aware, they need the Court’s permission to take your house. And, you will have plenty of notice before this happens, because the Court will advise you of all upcoming dates in your case.
Who do I call to try to work out a deal on my house?
You can call 2-1-1 or 216-436-2000. This number (which is United Way’s First Call for Help Line) will help you obtain counseling assistance through the Cuyahoga County Foreclosure Prevention Program. You can also contact your lender directly. (You should call whoever sends monthly statements to your attention.)
What if I don’t have the documents for my loan?
You have a right to seek a copy of the closing documents from your loan. You can make a formal request for your loan documents from the lender, the party who filed the foreclosure action against you, or both. (Click here for a sample request for the closing documents.)
How much time will the foreclosure case take?
There is no exact formula for this. But, it will be at least 6 months from the date the original Complaint was filed. This could easily be up to one year. To be sure, you will want to check the Court’s Docket. (This can be done by calling the Docket hotline (216) 443-7906, or checking the County’s Court Docket.)
What if I need time to hire an attorney?
If you feel that you need an attorney to help you in the case, or are just interested in getting more time to file your Answer, you can ask the Court for an extension of time. Typically, the Court will grant an extension of time for 30 or 60 days for a reasonable request. This must be done in writing, filed with the County Clerk on the first floor of the Justice Center downtown, and mailed to the attorney who filed the lawsuit. (Click here for a sample request for additional time to answer.)