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DS News September 2016

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116 ILLINOIS Heavner, Beyers & Mihlar, LLC Certified as a Women's Business Enterprise Heavner, Beyers & Mihlar, LLC, a law firm providing lenders and servicers with a range of legal services in default matters, received national certification as a Women's Business Enterprise by the Women's Busi- ness Development Center – Chicago Cer- tification Committee, a regional certifying partner of the Women's Business Enterprise National Council (WBENC). WBENC's national standard of certifica- tion implemented by the Women's Business Development Center – Chicago Certifica- tion Committee, is a meticulous process including an in-depth review of the business and site inspection. e certification process is designed to confirm the business is at least 51% owned, operated and controlled by a woman or women. By including women- owned businesses among their vendors, corporations and government agencies demonstrate their commitment to fostering diversity and the continued development of their supplier/vendor diversity programs. Heavner, Beyers & Mihlar, LLC has been providing legal and REO services to the default servicing industry since 1978. e firm is located in the State of Illinois, with offices in the heart of Central Illinois, as well as downtown Chicago. In addition to a wide range of default services, the firm provides compliance services and training, as well as general advisory and litigation services to banks and other financial institutions. Heavner, Beyers, & Mihlar, LLC is also a member of the American Mortgage Diver- sity Council, and independent organization focused on advancing the conversation of diversity and inclusion within the mortgage industry. e American Mortgage Diversity Coun- cil (AMDC) is an organization focused on shaping the diversity agenda while advancing solutions that support a broad range of diver- sity initiatives. From supply-chain diversity, to addressing the challenges faced by minor- ity and women-owned businesses. AMDC takes on today's issues with a refreshing perspective and meaningful insight. To learn more about AMDC, visit MortgageDiversi- tyCouncil.com. no minimum bid requirement. If there is a bidder at the second or a subsequent sale, the judgment creditor and the first lienholder will each have the right to redeem the prop- erty within 14 days after the sale by paying the purchase price, and thereby become the purchaser. In all foreclosures, the officer making the sale must record the deed within 14 days after confirmation of the sale and payment of the balance due. If the officer fails to record the deed within the specified time frame, the purchaser may file a motion to have a certified copy of the sale confirmation order filed with the county recorder in order to ef- fectuate the transfer of title. is is intended to eliminate delays if a sheriff is backlogged in executing and recording deeds. A residential property owner can face criminal charges if they knowingly cause physical harm to a residential property after being served with a summons in a mortgage loan foreclosure action. OHIO Revisions to Ohio's Foreclosure Procedures Are Coming Soon By, Larry Rothenberg, Cleveland Office Part- ner, Weltman, Weinberg & Reis Co. LPA In an abrupt move to beat the summer recess, the Ohio House and Senate agreed to revisions to the Ohio foreclosure process, and passed Ohio H.B. 390. Governor John Kasich signed the bill into law on June 26, 2016, and the law becomes effective 90 days thereafter. Some highlights of the bill are: In a residential foreclosure the plaintiff can request an expedited foreclosure process by establishing by clear and convincing evi- dence that the property is vacant and aban- doned. e plaintiff must also establish that it is the party entitled to enforce the debt instrument; that there has been a monetary default; and that no defendant has filed an answer contesting the allegations or has filed a written statement that the property is not vacant and abandoned. e judge must rule on the motion within 21 days, or within 21 days of the last answer date of any defendant, whichever is later. If the motion is granted, the sheriff must schedule the sale within 75 days after the clerk of courts issues the order of sale. For foreclosure sales of residential prop- erty, the judgment creditor will no longer be required to pay a deposit at the time of sale. Other successful bidders must pay a standardized deposit amount based on the appraised value of the property. e establishment of a statewide website allowing foreclosure sale bids to be entered online. A standardized procedure allowing the judgment creditor to request an order ap- pointing a private selling officer to conduct the sale, instead of the sheriff. e private selling officer must be licensed as both an auctioneer, and as a real estate broker or real estate salesperson. When a sale is scheduled, a second sale will also be scheduled to take place between seven and 30 days after the first sale, if there are no bidders at the first sale. At the second sale there will be no minimum bid require- ment. If there are no bidders at the second sale, additional sales may be scheduled with In July, the number of properties that received a foreclosure filing in Ohio was 22 percent lower than the previous month and 26 percent lower than the same time last year, according to RealtyTrac. KNOW THIS

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