Can a mortgage company legally forclose on a house because my father died?

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My parents house (the house was only in my dads name) was being forclosed on, but they worked out a deal with the mortgage company that they would not forclose if they paid a certain amount of money going off my moms income. My dad passed away a month ago and so they are moving forward with the forclosue, giving my mom and sister 28 days to move out of the house. Is this leagal since they were going off my my moms income in the first place (my father didnt have any income)?

Attorney Answer

1
Theodore Araujo ·
They cn foreclose at any time unless the mortgage is being paid as originally agreed to unless the mortgage and note are modified. Here are some Quick Facts about foreclosure in Ohio: - Judicial Foreclosure Available: Yes - Non-Judicial Foreclosure Available: No - Primary Security Instrument: Mortgage - Timeline: Typically 150 days - Right of Redemption: Yes - Deficiency Judgments Allowed: Yes In Ohio, lenders may foreclose on a mortgage in default by using the judicial foreclosure process. Judicial Foreclosure Generally, in judicial foreclosure, a court decrees the amount of the borrowers debt and gives him or her a short time to pay. If the borrower fails to pay within that time, the clerk of the court then advertises the property for sale. At some point prior to the scheduled date of foreclosure, an appraisal of the property must be made by three disinterested freeholders of the county. A copy of the appraised value must be filed with the court clerk and the property must be offered for sale at a price of not less than two-thirds of said value. The sale may not take place until the notice of sale has been published once a week for three (3) consecutive weeks in a newspaper of general circulation in the county in which the property is located. The sheriff will conduct the sale at the courthouse and the property will be sold to the highest bidder. Lender's may obtain a deficiency judgment and the borrower may redeem the property at any time before the court confirms the foreclosure sale by paying the amount of the judgment, plus costs and interest. Get an attorney to defend against the foreclsoure right away.
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