A Judgment of Foreclosure is Not the End - Appeal or Motion to Vacate?
FILING AN APPEAL
Once a bank gets a judgment of foreclosure the bank can try to sell the property. In Ohio the homeowner has 30 days to appeal after a judgment of foreclosure has been entered.
An attorney can help homeowners by filing a Notice of Appeal and a merit brief that argues what errors the trial court made when entering the judgment of foreclosure. Appeals can be scheduled for oral argument before a panel of three judges. At the trial court level only one judge is reviewing the documents, but with an appeal three judges will review the documents and the legal arguments. The Court of Appeals can reverse the judgment of foreclosure so if you think a mistake was made by the trial court it is worthwhile to appeal.
WHAT CAN YOU DO IF YOUR TIME PERIOD FOR AN APPEAL EXPIRED?
If more than 30 days have passed since the Court entered the judgment of foreclosure you may still be able to get the judgment reversed by filing a motion to vacate the judgment. An attorney experienced in foreclosure law could help you by reviewing all the documents filed in your case and identifying a basis for vacating the judgment. Filing a motion to vacate with strong legal arguments can reopen loan modification discussions.
Stopping a sheriff's sale
An attorney may be able to help you stop a sheriff's sale by filing a motion to vacate the judgment and an additional motion with the court to stop the sale or postpone the sale until after arguments have been heard on the motion to vacate. If you lose the motion to vacate you would still have 30 days to appeal that decision.
CLICK ON THE LINKS BELOW TO READ THREE CASES WHERE OHIO HOMEOWNERS WON ON APPEAL. THE FIRST TWO DECISIONS ARE APPEALS OF DENIALS OF MOTIONS TO VACATE THE JUDGMENT. THE THIRD DECISION IS A REVERSAL OF THE JUDGMENT OF FORECLOSURE AND THE SHERIFF SALE