State guides
Ohio: claiming foreclosure surplus
Ohio has two separate paths to surplus funds, depending on what kind of sale took place. They involve different offices, different paperwork, and different rules — so the first step is knowing which one applies to you.
Which kind of sale was yours?
- Mortgage foreclosure — your lender took you to court over an unpaid mortgage, and the property was auctioned (usually called a sheriff’s sale). The case has a court case number.
- Tax foreclosure — the county sold the property over unpaid property taxes. The county auditor or treasurer ran the process.
Not sure? Your old mail — court papers vs. county tax notices — usually makes it clear. The county auditor’s office can also tell you.
Mortgage foreclosure surplus (sheriff’s sale)
After a sheriff’s sale, the court divides the proceeds: sale costs first, then the mortgage lender, then other lienholders in legal order. Anything left over is surplus, and it’s held by the clerk of courts — not the sheriff, not the lender.
To claim it, you generally file a motion with the court — that’s a formal written request asking the judge to release the money to you. In plain terms:
- Find your foreclosure case (the clerk’s office can look it up by your name or old address).
- Ask the clerk what a surplus-funds motion requires in that court — each court has its own formatting preferences.
- Prepare the motion with your identification and proof you owned the property.
- File it with the clerk and attend any hearing the judge schedules.
Ohio law (Revised Code 2329.44, in plain language) says surplus from a court-ordered sale is distributed by court order — which is why a judge, not a clerk’s form, is the path here. Because other lienholders — a second mortgage, HOA dues, court judgments — are paid before the former owner, ask the clerk whether any other claims have been filed against the same funds.
Several Ohio counties publish their foreclosure surplus lists online (we monitor Cuyahoga, Montgomery, Lake, Butler, and Mahoning counties, among others). Many don’t publish at all — in those counties, call the clerk of courts and ask directly.
Tax foreclosure surplus
When a property sells over unpaid taxes, any surplus is generally held by the county — typically the auditor’s or treasurer’s office, depending on the county. The claim process is usually a form plus identity and ownership documents, rather than a court motion — but the exact office and form vary by county, so start by calling the auditor’s office in the county where the property was located.
Timing and deadlines
Ohio counties handle unclaimed surplus differently, and funds that sit long enough can eventually be transferred to the state’s unclaimed-funds program — where they may still be claimable, but through a different office and process.
Who to contact
- Mortgage foreclosure: the Clerk of Courts in the county where the foreclosure case was filed.
- Tax sale: the County Auditor’s (or Treasurer’s) office in the county where the property was located.
- Older funds: the Ohio Division of Unclaimed Funds, if the money has already been transferred to the state.
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