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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
There is a good chance that you may be able to get some free or low-cost legal help. Depending on where you are in Ohio, try contacting these Ohio low-cost legal sources immediately:
Ohio legal aid… http://www.ohiolegalservices.org/.
Local law schools have clinics that may be able to look at the agreement you originally signed…http://law.case.edu/clinic/.
Ohio does have some limited property tax exemptions. I’m not sure if you ever tried for this, or if you are eligible. It may be useful, though, if before you go to court, that you file this form. http://forms.justia.com/ohio/statewide/revaluation/application-for-real-property-tax-exemption-and-44403.html. If you are eligible to file for exemption, the City may delay any proceedings pending a decision on that front (but I wouldn’t count on it).
Your Agreement
One thing you’ll want to look at first is whether are able to challenge the agreement. One point will be whether you had any legal help in entering the original contract. Signing without any legal advice helps your position.
If it’s too late to get any help in court, you have the right to represent yourself. Most Ohio court judges understand being unable to pay for legal help, in this hard economy. If you can honestly say you did not understand the original agreement, argue that. Were you forced into the agreement? Here’s a case using some of the common legal language to say a contract was not clear and that it’s unfair to enforce it: you can use some of the language from this case if it applies to your case. Yu will also note that the case stresses the importance of arbitration under Ohio state law. http://caselaw.findlaw.com/oh-court-of-appeals/1108535.html. Did you get the chance to arbitrate? Ask for that right.
Though you may not have time, it’s barely possible that the agreement you signed is also harming other city taxpayers. Here’s an example of a case where Ohio residents tried to get class action relief. http://caselaw.findlaw.com/oh-supreme-court/1075279.html.
City Intentions
Sometimes, city attorneys advise their “client” (the government) to get a judgment against the property owner. This helps protect the city, even if they have a policy against actually forcing a sale of your home. One reason they may want you to get a lawyer is so they can discuss with your lawyer what their intentions are. Do they want to force a sale, or are they just trying to protect their tax revenue through getting a tax lien on your home? Hopefully, it’s the second. In that case, you may be able to lower the legal costs (which they will want you to pay) with an agreement, similar to an actual judgment. In some ways, the biggest problem you face is needing to negotiate with them, and getting the best deal you can to protect your home from a forced sale.
Is Bankruptcy An Option?
Very possibly. Some courts will allow you to work out a deal with City governments in bankruptcy. That may be a long term solution. The power of bankruptcy is also “short term” too. By just filing for bankruptcy, and listing the City claim, you have a right to notify the City of your filing and to ask for a stay from their proceeding. The City can come back, and fight for an exemption form being listed on the bankruptcy. The advantage here is that it forces them into the court of your choosing and gives you time.
Hopefully, you have some idea or ability to continue making some amount of money. Any job can help you possibly, successfully file for a Chapter 9, personal reorganization bankruptcy. I also know, if you are worried about the costs of going into court for the foreclosure, that you are also worried about bankruptcy costs. Most “BR” lawyers allow you to make payments, all scheduled under the bankruptcy petition itself. This means you will want to be very, very clear: you have a plan as to how to keep your home, if given time to restructure your debt.
If reorganization turns out to be not the best option, and sale of your home is, then you still have the right to convert your Chapter 9 to a Chapter 13. If you should get a new job to settle your tax liabilities, you can even leave bankruptcy. Either way, bankruptcy will probably get you both the legal help you need to negotiate, and the time to improve your options.
There is a good chance that you may be able to get some free or low-cost legal help. Depending on where you are in Ohio, try contacting these Ohio low-cost legal sources immediately:
Ohio legal aid… http://www.ohiolegalservices.org/.
Local law schools have clinics that may be able to look at the agreement you originally signed…http://law.case.edu/clinic/.
Ohio does have some limited property tax exemptions. I’m not sure if you ever tried for this, or if you are eligible. It may be useful, though, if before you go to court, that you file this form. http://forms.justia.com/ohio/statewide/revaluation/application-for-real-property-tax-exemption-and-44403.html. If you are eligible to file for exemption, the City may delay any proceedings pending a decision on that front (but I wouldn’t count on it).
Your Agreement
One thing you’ll want to look at first is whether are able to challenge the agreement. One point will be whether you had any legal help in entering the original contract. Signing without any legal advice helps your position.
If it’s too late to get any help in court, you have the right to represent yourself. Most Ohio court judges understand being unable to pay for legal help, in this hard economy. If you can honestly say you did not understand the original agreement, argue that. Were you forced into the agreement? Here’s a case using some of the common legal language to say a contract was not clear and that it’s unfair to enforce it: you can use some of the language from this case if it applies to your case. Yu will also note that the case stresses the importance of arbitration under Ohio state law. http://caselaw.findlaw.com/oh-court-of-appeals/1108535.html. Did you get the chance to arbitrate? Ask for that right.
Though you may not have time, it’s barely possible that the agreement you signed is also harming other city taxpayers. Here’s an example of a case where Ohio residents tried to get class action relief. http://caselaw.findlaw.com/oh-supreme-court/1075279.html.
City Intentions
Sometimes, city attorneys advise their “client” (the government) to get a judgment against the property owner. This helps protect the city, even if they have a policy against actually forcing a sale of your home. One reason they may want you to get a lawyer is so they can discuss with your lawyer what their intentions are. Do they want to force a sale, or are they just trying to protect their tax revenue through getting a tax lien on your home? Hopefully, it’s the second. In that case, you may be able to lower the legal costs (which they will want you to pay) with an agreement, similar to an actual judgment. In some ways, the biggest problem you face is needing to negotiate with them, and getting the best deal you can to protect your home from a forced sale.
Is Bankruptcy An Option?
Very possibly. Some courts will allow you to work out a deal with City governments in bankruptcy. That may be a long term solution. The power of bankruptcy is also “short term” too. By just filing for bankruptcy, and listing the City claim, you have a right to notify the City of your filing and to ask for a stay from their proceeding. The City can come back, and fight for an exemption form being listed on the bankruptcy. The advantage here is that it forces them into the court of your choosing and gives you time.
Hopefully, you have some idea or ability to continue making some amount of money. Any job can help you possibly, successfully file for a Chapter 9, personal reorganization bankruptcy. I also know, if you are worried about the costs of going into court for the foreclosure, that you are also worried about bankruptcy costs. Most “BR” lawyers allow you to make payments, all scheduled under the bankruptcy petition itself. This means you will want to be very, very clear: you have a plan as to how to keep your home, if given time to restructure your debt.
If reorganization turns out to be not the best option, and sale of your home is, then you still have the right to convert your Chapter 9 to a Chapter 13. If you should get a new job to settle your tax liabilities, you can even leave bankruptcy. Either way, bankruptcy will probably get you both the legal help you need to negotiate, and the time to improve your options.