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    doughmaker59's Avatar
    doughmaker59 Posts: 1, Reputation: 1
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    #1

    Sep 23, 2010, 12:37 PM
    Motion for default judement received in Ohio
    I have a house in columbus that my wife and I bought together over a year ago she moved out and I wasn't able to make payments, I have the house up for short sale and the bank turned down the only offer I received now they have filed a motion for default judgement, what should I do to respond to this. My real estate agent told with the way the housing market is that we would not be able to get the price they deemand. Respectfully,

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    selen51's Avatar
    selen51 Posts: 3, Reputation: 1
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    #2

    Sep 29, 2010, 03:15 PM

    It depends on Ohio state laws. Check the Code of Civil Procedure for Mortgages. How long have you had your house on the market? Some (very difficult to do) mortgage companies allow you to do a deed in lieu, after 90 of unsuccessfully selling your home if you meet the rest of their requirements. Do you still want to keep the home? You may still be able to do a loan modification? Or if you don't want to keep it, ask for a consent foreclosure. Not sure if Ohio allows lenders to do a deficiency judgement( where you are still responsible for the balance of the loan after the judicial sale).

    There is a lot of information online, however the best way to understand the consequences is to review your states real estate laws.

    My best advice is to visit a lawyer, try to get a free consultation and see what is your best option.

    Good luck!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 29, 2010, 04:48 PM

    If you can not afford to pay the mortgage, and if they will not accept a short sale ( they are not required to accept any offer for less than payment in full)

    Then they will be able to foreclose on the property. Have you been looking for somewhere else to move to
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