- Who sends it
- The clerk of the court of common pleas that handled the foreclosure
- What it starts
- About 90 days before unclaimed money is moved under the unclaimed money rules
- Do this first
- Call the clerk with your case number and file the claim yourself; do not sign with a finder
What this document is in Ohio
Under Ohio Rev. Code § 2329.44, the officer who made the sale must give the clerk any money left after paying the writ, interest and costs within 45 days after the sale is confirmed. The clerk must then notify you. The notice must state the amount, tell you that you are entitled to it, and explain how to get it.
Other liens that were part of the case, such as a second mortgage, may be paid first under the court's order. See Ohio foreclosure surplus funds and the national surplus funds notice page.
How the notice is sent
- $500 or more: by certified mail, return receipt requested, within 90 days after the sale. If it is refused or undeliverable, the clerk resends by ordinary mail. If that comes back, the clerk may use a newspaper notice, the clerk's website, a text message or a posting at the court.
- Under $500: by ordinary mail, or by those other methods if your address is unknown.
- Notices by those other methods include the case number, your name if known and the clerk's contact information.
The deadline and how to count it
If the money stays unclaimed for 90 days after the last mailing, publication, posting or text message, the clerk handles it under Ohio's unclaimed money rules in §§ 2335.34 and 2335.35, which send it to the county treasurer. Count 90 calendar days starting the day after the last notice. Ohio Legal Help says to file your motion within 90 days of the notice.
The clerk must pay you on demand whether or not you got the notice, after you repay the actual cost of giving it.
What to do this week
- Call the clerk of courts with your case number and ask how much is held and what the clerk needs from you.
- Use Ohio Legal Help's free Motion for Foreclosure Excess Funds form. The Franklin County Sheriff says you need an order signed by the judge on your case before the money is paid.
- Check the confirmation entry to see if any other lienholder is listed ahead of you, and raise any dispute with the court before money is paid out.
- Give the clerk your current address and phone number in writing.
Scam warnings
Surplus notices can be public, and finders may call offering to get your money for a percentage. The clerk pays you directly, so you do not need them. Ohio caps finder fees at 10 percent only for money held by the state's Division of Unclaimed Funds; we found no cap for money still held by a clerk or county treasurer. Read any agreement closely, and report pressure tactics to the Ohio Attorney General at 800-282-0515. See Ohio foreclosure help.
The rest of the Ohio process
See how foreclosure works in Ohio, the timeline, ways to stop it and free help in Ohio, or read the national guide to this letter.
Common questions
When will I get the Ohio excess funds notice?
For $500 or more, Ohio Rev. Code § 2329.44 requires the clerk to send it by certified mail within 90 days after the sale. Smaller amounts get a notice by ordinary mail.
What if I never got the Ohio clerk's notice?
You can still ask. The clerk must pay you on demand whether or not notice was given, after you repay the actual cost of the notice. If the money has already moved to the county treasurer, contact that office.
Do I need a lawyer to claim Ohio excess funds?
Not always. Ohio Legal Help has a free motion form, and the clerk can tell you the steps. If another lienholder claims the money, legal aid can help.
Other Ohio letters
- Summons and Complaint in ForeclosureIn Ohio, a foreclosure starts when your lender files a complaint in the county court of common pleas and you are served with a summons. You have 28 days after service to file a written answer or ask for more time. If you do nothing, the court can rule against you in as little as 31 days.
- Request for Foreclosure MediationMany Ohio common pleas courts use a mediation program based on a Supreme Court of Ohio model. The Request for Foreclosure Mediation is how you ask for a meeting with a neutral mediator and your lender. Sending it does not replace your answer and does not pause the case.
- Judgment Entry and Decree of ForeclosureA judgment entry and decree of foreclosure means the Ohio court has ruled for the lender and ordered your home sold. The home is appraised, and at the first auction it cannot sell for less than two-thirds of that value. You still own the home, and you can redeem it until the court confirms the sale.
- Notice of Sheriff's SaleIn Ohio, the lender must serve parties who appeared in the case with the date, time and place of the sheriff's sale, or the online start date and website, and file it with the clerk at least 7 calendar days before the sale. The sale is also advertised for three weeks. You can still redeem until the court confirms the sale.
- Confirmation of SaleAfter an Ohio sheriff's sale, the court checks that the sale followed the law and confirms it, normally within 30 days after the sheriff returns the writ. Confirmation ends your right to redeem. The buyer then pays, the deed is recorded, and the buyer can seek a writ of possession.
Sources
- Ohio Rev. Code § 2329.44, Excess payable to debtor
- Ohio Rev. Code § 2335.35, Unclaimed money paid to county treasurer
- Ohio Rev. Code § 169.13, Limits on unclaimed funds finder agreements
- Ohio Legal Help: Foreclosure
- Ohio Legal Help: Motion for Foreclosure Excess Funds
- Franklin County Sheriff: Real Estate Sale FAQ