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How to claim foreclosure surplus funds in Ohio

After an Ohio mortgage foreclosure sale, any money left after the judgment, interest and costs goes to the clerk of courts within 45 days after the court confirms the sale. The clerk must notify you and must pay you on demand, even if the notice never reached you. Other lienholders named in the case may be paid first under the court's order. If nobody claims the money, it moves to the county treasurer, not straight to the state.

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

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How to claim surplus funds in Ohio

  1. Court confirms the sale and orders distribution

    At confirmation

    The confirmation entry sets how the sale money is paid. The judgment, interest and costs come first, and other lienholders who were parties, such as a second mortgage, may be paid before you under the court's order.

    Ohio Rev. Code § 2329.44(A)

  2. Selling officer delivers the balance to the clerk

    Within 45 days after confirmation

    The sheriff or private selling officer must give the clerk of the court that issued the writ any money left after paying the writ, interest and costs.

    Ohio Rev. Code § 2329.44(A)

  3. Watch for the clerk's notice

    Certified mail within 90 days after the sale if $500 or more

    For $500 or more, the clerk mails a notice by certified mail to the address in the case or any newer address you gave. If it comes back, the clerk sends it by ordinary mail and then may use a newspaper notice, the clerk's website, a text message or a courthouse posting; smaller amounts get an ordinary mail notice.

    Ohio Rev. Code § 2329.44(A)(1), (2)

  4. Ask the clerk for the money

    Within 90 days after the last notice, before it moves

    The clerk must pay you on demand whether or not you got the notice, after you repay the actual cost of the notice. Ohio Legal Help says you usually file a motion in the foreclosure case.

    Ohio Rev. Code § 2329.44(B)

  5. Unclaimed money goes to the county treasurer

    90 days after the last notice

    Unclaimed balances are handled like other unclaimed court money: clerks post a yearly list of money held for a year, then pay it to the county treasurer. Ask the county treasurer how to claim it from there.

    Ohio Rev. Code §§ 2329.44(A)(1)(d), 2335.34, 2335.35

  6. Be careful with finders who call you

    Any time

    The clerk pays you directly, so you do not need a paid service. Ohio caps finder fees at 10% and bans contact for 2 years only for money held by the state's Division of Unclaimed Funds; no cap was found for surplus held by a clerk or county treasurer, so read any agreement closely before you sign.

    Ohio Rev. Code § 169.13

  7. Surplus after a property tax foreclosure

    If your home was sold for unpaid property taxes, the surplus rules in the tax laws apply, including the 3-year window to claim it from the county treasurer. See our Ohio property tax foreclosure page.

    Ohio Rev. Code § 5721.20

What Ohio law says about leftover sale money

Surplus after a mortgage foreclosure sale

If the sale brings in more than the judgment, interest and costs, the selling officer must turn the balance over to the clerk of courts within 45 days after confirmation. If the balance is $500 or more, the clerk must send you a notice by certified mail within 90 days after the sale telling you how to claim it. Ohio Legal Help says you usually must file a motion with the court, and should do so within 90 days of the notice. Keep your address current with the clerk.

Ohio Rev. Code § 2329.44

Common questions in Ohio

Do I have to pay anything to get my Ohio foreclosure surplus?

The clerk can hold back payment until you repay the actual costs of sending you the required notice, such as certified mail or a newspaper notice. There is no statutory finder or percentage fee when you claim directly. Filing a motion may involve court costs, so ask the clerk.

What if the Ohio clerk's surplus notice went to my old address?

The clerk mails to the address in the case caption or any different address you provided, so give the clerk your new address in writing as soon as you move. The clerk must pay you on demand even if the notice was never delivered. If the money has already moved to the county treasurer, contact that office.

Can my second mortgage lender take part of my Ohio surplus?

It can if it had a lien on the home and was part of the foreclosure case, because the court's order of distribution pays liens in their legal order before the owner. Check the confirmation entry in your case to see who is listed. If you think a lien was already paid or is wrong, raise it with the court before the money is paid out.

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Also in Ohio

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. Ohio Rev. Code § 5721.20: Excess foreclosure proceeds
  2. Ohio Rev. Code § 323.78: Alternative redemption period
  3. Ohio Rev. Code § 323.65: Definitions (abandoned land, alternative redemption period)
  4. Ohio Rev. Code § 323.25: Treasurer's foreclosure action
  5. Ohio Rev. Code § 5721.18: Foreclosure proceedings
  6. Ohio Rev. Code § 5721.011: Delinquent land list
  7. Ohio Rev. Code § 323.121: Penalties and interest
  8. Ohio Rev. Code § 323.31: Delinquent tax contracts
  9. Ohio Rev. Code § 5721.25: Redemption
  10. Ohio Rev. Code § 323.73: Sale of abandoned land
  11. Ohio Rev. Code § 5721.37: Certificate holder foreclosure
  12. Ohio Rev. Code § 323.152: Homestead reduction
  13. Ohio Rev. Code § 2335.34: Unclaimed money lists
  14. Ohio Rev. Code § 2335.35: Unclaimed money paid to county treasurer
  15. Ohio Rev. Code § 169.13: Limits on unclaimed funds finder agreements
  16. Ohio Legal Help: Tax foreclosure timeline
  17. Ohio Rev. Code Chapter 2329, Execution Against Property
  18. Ohio Rev. Code § 2329.26, Notice of date, time and place of sale
  19. Ohio Rev. Code § 2329.33, Redemption by judgment debtor
  20. Ohio Rev. Code § 2329.08, Limitation of enforcement of deficiency judgment
  21. Ohio Rev. Code § 2329.44, Excess payable to debtor
  22. Ohio Rev. Code § 2329.52, New appraisement, second auction
  23. Ohio Rev. Code § 2329.31, Confirmation and order for deed
  24. Ohio Rev. Code § 2329.20, Two-thirds of appraised value
  25. Ohio Rev. Code § 4710.02, Debt adjusting fees
  26. Ohio Legal Help: Foreclosure
  27. Supreme Court of Ohio: Foreclosure Mediation Program Model Overview
  28. OHFA news release: Save the Dream Ohio Winding Down (September 6, 2023)
  29. Ohio Legal Help, Foreclosure timeline in Ohio
  30. Franklin County Sheriff, Real Estate Sale FAQ