Changes to Ohio's Foreclosure Law
Ohio’s foreclosure law has not materially changed for many decades. As of September 28, 2016, sweeping foreclosure legislation goes into effect through the passage of H.B. 390. One significant change to foreclosure laws is the criminalizing of an owner/debtor vandalizing his or her own property after the foreclosure is filed and the owner/debtor has been served with the Summons and Complaint. Prior to the passage of H.B. 390, there was no sanction for the owner destroying his or her own property due to the foreclosure. Section 2308.04 now provides that a person is guilty of criminal mischief, a fourth degree misdemeanor, if the person knowingly and with purpose to diminish the value or enjoyment of residential real property, moves, defaces, damages, destroys or otherwise tampers with the person’s own residential real property.
This is a summary of one portion of H.B. 390 and is not to be construed as legal advice. If you would like to know more about the changes to foreclosure proceedings as a result of the passage of H.B. 390, contact the Law Office of Fitzpatrick, Zimmerman & Rose Co., L.P.A.