While you do not have an absolute right to additional time to redeem, you may seek additional time to redeem by filing a motion to stay confirmation. You are strongly advised to seek the assistance of a lawyer for your redemption. A default hearing is set when the party seeking foreclosure files a motion for default judgment. If the document pertains to a court case you were involved in, you can obtain the judgement once it has been issued in your case. Acts performed by a magistrate are subject to review by the judge assigned to the case. Public access to criminal court cases is also restricted when: Someone has been pardoned; Someone received an absolute or conditional discharge; The documents have been sealed due to a court order. If I am unable to save my house from foreclosure, when do I have to move out of my house? Thus, for example, failure to maintain a property may result in criminal housing code violations against the titled owner, even after the foreclosure case has been filed. However, there is no fee to access criminal case court documents in the Ontario Court of Justice and Superior Court of Justice. No one but the party seeking the foreclosure must attend the hearing. However, you must not publically share the contents of these documents.
What is a partition case? As you may have determined from this brief summary of the redemption process, it is a very complicated procedure involving numerous calculations. The redemption process may take longer than the eight days granted by law. Local Rules govern foreclosure, partition and quiet title cases in Cuyahoga County. In most cases physical division of the property is not possible. A partition case is an action by which a co-owner requests division of property. You can, however, get access to documents that are covered by a publication ban. If you fail to pay the full amount of your bid within thirty days from the date of sale you will be held in contempt of Court and may forfeit your deposit and be forced to pay a fine. The staff will be able to answer most of the questions but may not give you legal advice. If you are interested in resolving the dispute between you and your lender, you may also request mediation. Whether you are granted additional time to redeem is in the sole discretion of the judge assigned to the case. Acts performed by a magistrate are subject to review by the judge assigned to the case. Foreclosure Mediation I have received a notice indicating that a default hearing is set before a magistrate, what will happen at this hearing? You are strongly advised to seek the assistance of a lawyer for your redemption. However, there is no fee to access criminal case court documents in the Ontario Court of Justice and Superior Court of Justice. Am I required to attend this default hearing? You can see how much you will have to pay in access and copy fees by visiting the Ontario Attorney General Web site. Thus, for example, failure to maintain a property may result in criminal housing code violations against the titled owner, even after the foreclosure case has been filed. Please be aware that because of the Rules of Judicial Conduct, the magistrate may not be able to speak to you directly without all parties being present. The titled owner during the period after the foreclosure is filed and before confirmation of sale has all of the rights and liabilities associated with property ownership. If there is money left over after a sheriff's sale, who is entitled to this money? In a foreclosure case, the plaintiff typically claims that you owe it a sum of money, that this debt is secured by a mortgage on your property, and that it would like the property sold to satisfy the debt. When the necessary information has been obtained and the necessary documents prepared, the documents must be filed with the Clerk of Courts and submitted to the magistrate assigned to your case. However, you must not publically share the contents of these documents. If you do not file a written answer denying the allegations in the complaint within the 28 days, the Court may find that the allegations of the complaint are true and may, upon filing of an application for default judgment, grant the relief requested in the complaint.
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