When should I move out due to foreclosure?
If you are facing foreclosure, you should NOT move from your home until the sale is confirmed (later in the process - see below). In Ohio (and other mortgage states), you own your home. The bank only has a lien against it. Thus, you are on the hook for any losses to the property while it is still in your name, even during foreclosure.  This includes liability for injuries, code enforcement actions, and possibly theft of vandalism to the home.  Because of this, you should not move at the point of receiving a pre-foreclosure letter, or even at the point the foreclosure lawsuit is filed.  Staying in your home until the foreclosure sale protects you, and helps maximize value to avoid any deficiency judgment.  Of course, if you retain counsel and get a deal done, this shouldn’t be an issue. However, if you are set on losing the home through foreclosure, then you will want to keep the property in good condition through the sale.  If the sale price is higher than the amount you owe, you are entitled to the excess proceeds.  That is another reason to not move out.   Finally, not moving out gives you more time to try and get back on track.  It gives you time to find employment, organize your affairs, or get past whatever has caused this situation in the first place.  Contact us today to see if we can help.