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Ohio foreclosure is primarily:

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Question & Answer

Review the question and all answer choices

A

Non-judicial

A is incorrect because Ohio does not primarily use non-judicial foreclosure. Non-judicial foreclosure occurs without court involvement, typically through a power-of-sale clause in the mortgage, which is not Ohio's standard procedure.

B

Judicial

Correct Answer
C

Power of sale

C is incorrect because while Ohio mortgages may contain power-of-sale clauses, the state requires judicial foreclosure. Power-of-sale foreclosure is a non-judicial process that bypasses court proceedings, which is not Ohio's primary method.

D

Strict foreclosure

D is incorrect because strict foreclosure, where the lender automatically gains title without a sale if the borrower defaults, is not used in Ohio. Ohio requires a court-supervised sale process to transfer property ownership.

Why is this correct?

B is correct because Ohio law requires judicial foreclosure, meaning the lender must file a lawsuit in court and obtain a court order before proceeding with the foreclosure sale. This court-supervised process protects the borrower's due process rights.

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