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Ohio · Weigh your options

Can the lender come after you for the rest? Deficiency judgments in Ohio

Yes. In Ohio a lender can get a personal judgment for the part of the debt the sheriff's sale does not cover. Ohio has no fair value hearing, but for a one or two family home you lived in, that deficiency can no longer be enforced two years after the court confirms the sale unless the lender started collecting before then. Ohio has no statute that limits a deficiency after a short sale or deed in lieu, so the written agreement you sign decides what you still owe.

Ask for help in Ohio Free HUD counselor: (800) 569-4287

Reviewed against Ohio law and official sources on October 12, 2026. General information, not legal advice.

Deficiency rules in Ohio, point by point

  • Ohio forecloses in court, so the money judgment comes first

    In the foreclosure judgment, before the sale

    The court orders the home sold and usually enters a money judgment for what you owe in the same case. After the sale, the sale price is subtracted, and what is left is the deficiency. Read the complaint to see whether the lender asked for a personal judgment against you.

    Ohio Rev. Code §§ 2323.07, 2329.08

  • The sale price has a floor, but there is no fair value credit

    At the sheriff's sale

    In most cases the home cannot be sold for less than two thirds of its court appraised value. Ohio does not give you a separate hearing to credit the home's full market value against the debt, so a low sale price can leave a larger deficiency.

    Ohio Rev. Code § 2329.20

  • Two year limit for a one or two family home

    Two years after the sale is confirmed

    If the home had a dwelling for no more than two families and was used as a home, farm dwelling or homestead by the person who signed or assumed the mortgage, the deficiency becomes unenforceable two years after the court confirms the sale. Collection steps the lender started before the two years end can continue.

    Ohio Rev. Code § 2329.08

  • Do not sign a waiver without advice

    During the two year period

    You can give up the two year protection only by signing a written waiver, and it counts only if it is filed with the clerk of the court within the two years. If a lender or collector asks you to sign anything about the old judgment, talk to legal aid first.

    Ohio Rev. Code § 2329.08

  • How a judgment can be collected

    While the judgment is active

    Ohio law lets a judgment creditor garnish wages, but only through a court garnishment proceeding. A judgment goes dormant if no execution, lien certificate, garnishment or similar step happens within five years, and up to $125,000 of equity in a home you live in is protected from execution.

    Ohio Rev. Code §§ 2716.01, 2329.07, 2329.66(A)(1)

  • Short sale and deed in lieu

    Before you sign

    We found no Ohio statute that bars a deficiency after a short sale or deed in lieu. The general rule is that you still owe any balance unless the lender agrees in writing to forgive it, so ask for a written statement that the sale or deed is in full satisfaction of the debt.

  • If you get a deficiency letter or court papers

    Right away

    Check the date the court confirmed the sale and whether the home was a one or two family residence. If two years have passed with no collection steps, the judgment may be unenforceable for the deficiency. Bring the letter and the case number to legal aid through Ohio Legal Help.

    Ohio Rev. Code § 2329.08

The short answer in Ohio

Can the lender come after me for the rest?

Deficiency judgments allowed

The lender can get a personal judgment for the amount the sale does not cover. For a home with one or two units that was used as a residence, that deficiency judgment can no longer be enforced two years after the sale is confirmed, unless collection steps started before then or you sign a written waiver that is filed with the court.

Ohio Rev. Code § 2329.08

Common questions in Ohio

Does Ohio's two year deficiency limit apply to a rental duplex?

It can. The statute covers property with a dwelling for not more than two families that was used in whole or in part as a home, or that was ever held as a homestead by the person who signed or assumed the mortgage. A building with three or more units, or one never used as a home, is outside this protection.

Can an Ohio lender garnish my wages for a deficiency?

Only after it has a court judgment, and only through a garnishment proceeding under Ohio Revised Code Chapter 2716. For a one or two family home, the deficiency stops being enforceable two years after confirmation unless a garnishment or other collection step started before then. A garnishment that was already running when the two years ended is not cut off by that rule.

Is a deficiency still possible if my Ohio home sold for more than two thirds of its appraisal?

Yes. The two thirds rule only sets the lowest price the sheriff can accept. If the sale price, after costs, is less than the judgment, the rest is a deficiency, and Ohio has no fair value hearing to reduce it.

Step by step

More on foreclosure in Ohio

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Also in Ohio

Foreclosure mediation Property tax foreclosure Claim surplus funds Deficiency judgments (this page)Letters you may get

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Sources for this page

  1. Ohio Rev. Code § 2329.07 (dormant judgments)
  2. Ohio Rev. Code § 2716.01 (garnishment)
  3. Ohio Rev. Code § 2323.07 (foreclosure sale ordered)
  4. Ohio Rev. Code § 2329.66 (exemptions)
  5. Supreme Court of Ohio, Foreclosure Mediation in Ohio: What You Need to Know
  6. Supreme Court of Ohio, Foreclosure Mediation Resources (program model steps)
  7. Ashtabula County Courts, Mediation and Conflict Management Services
  8. Ohio Rev. Code § 2710.06 (what a mediator may report)
  9. Ohio Rev. Code § 2710.03 (mediation privilege)
  10. Ohio Rev. Code Chapter 2329, Execution Against Property
  11. Ohio Rev. Code § 2329.26, Notice of date, time and place of sale
  12. Ohio Rev. Code § 2329.33, Redemption by judgment debtor
  13. Ohio Rev. Code § 2329.08, Limitation of enforcement of deficiency judgment
  14. Ohio Rev. Code § 2329.44, Excess payable to debtor
  15. Ohio Rev. Code § 2329.52, New appraisement, second auction
  16. Ohio Rev. Code § 2329.31, Confirmation and order for deed
  17. Ohio Rev. Code § 2329.20, Two-thirds of appraised value
  18. Ohio Rev. Code § 4710.02, Debt adjusting fees
  19. Ohio Legal Help: Foreclosure
  20. Supreme Court of Ohio: Foreclosure Mediation Program Model Overview
  21. OHFA news release: Save the Dream Ohio Winding Down (September 6, 2023)
  22. Ohio Legal Help, Foreclosure timeline in Ohio
  23. Franklin County Sheriff, Real Estate Sale FAQ