Ohio at a glance
Checked against the sources cited, 2026-09-19
| Topic | What the law says, and where it says it |
|---|---|
| How foreclosure works here | Ohio mortgage foreclosures go through the courts. When a mortgage is foreclosed, the sale of the property is ordered by the court, and the court later confirms the sale. Ohio Rev. Code §2323.07; §2329.31(A) Show the source textWhen a mortgage is foreclosed or a specific lien enforced, a sale of the property, or a transfer of property pursuant to sections 323.28, 323.65 to 323.78, and 5721.19 of the Revised Code, shall be ordered by the court |
| Who holds foreclosure surplus | The officer who made the sale must deliver any money left over after the judgment, interest and costs are paid to the clerk of the court that ordered the sale, within 45 days after the sale is confirmed. The clerk must send the former owner (the judgment debtor) a notice, and must pay the balance on demand to the judgment debtor or the judgment debtor's legal representatives, once the actual costs of the notice are paid. Ohio Rev. Code §2329.44(A), (B) Show the source textshall deliver any balance remaining after satisfying the writ of execution, with interest and costs, to the clerk of the court that issued the writ of execution not later than forty-five days after confirmation of the sale |
| Claim window for foreclosure surplus | If the balance is still unclaimed 90 days after the clerk's last required notice, the clerk handles it the same way as other unclaimed court money under sections 2335.34 and 2335.35. Those sections have the clerk post a yearly list each January and then pay the unclaimed money to the county treasurer. Ohio Rev. Code §2329.44(A)(1)(d), (A)(2)(b); §§2335.34, 2335.35(A) Show the source textthe balance remains unclaimed for ninety days following the last mailing, publication, posting, or text message required under division (A)(1)(a), (b), or (c) of this section, the clerk shall dispose of the balance in the same manner as unclaimed money |
| Tax sale excess proceeds | Ohio enforces delinquent property taxes through a tax foreclosure case and sale (counties may also sell tax certificates on delinquent parcels). If the sale brings in more than is owed, the balance goes to the clerk of the court, who notifies the owner; money still unclaimed 90 days after the final notice is paid into the county treasury, where the owner may demand it within three years from the date the treasurer received it, after which it is forfeited to a county fund. For forfeited lands sold by the county auditor, the county treasurer holds the excess for the owner, who must demand it within one year from the day of sale. Ohio Rev. Code §5721.20; §5723.11; see also §§323.25, 5721.18, 5721.31 Show the source textretain such excess in the treasury for the proper owner of such lands upon which the foreclosure was had, and upon demand by such owner, within three years from the date of receipt, shall pay such excess to the owner |
| Redemption after the sale | Ohio lets the debtor redeem the property at any time before the court confirms the sale, by depositing the amount of the judgment with costs and interest with the clerk of the court of common pleas. The redemption statute does not give a redemption period after the sale is confirmed. Ohio Rev. Code §2329.33 Show the source textat any time before the confirmation thereof, the debtor may redeem it from sale by depositing in the hands of the clerk of the court of common pleas |
| Rules for recovery companies | Ohio's unclaimed funds law regulates anyone who charges a fee to locate or recover unclaimed funds that have been reported to the state under section 169.03. An agreement made within two years after the holder's report is filed is invalid, and the finder may not contact the owner during that time. A later agreement is valid only if the total fee is not more than 10 percent of the amount recovered and paid to the owner, and it is in writing, signed by the owner, notarized, and contains the disclosures listed in the statute; it may not include a power of attorney sending the payment to anyone other than the owner, and the finder must hold a certificate of registration from the Ohio Director of Commerce. Ohio Rev. Code §169.13(A)-(C), (E); §169.16(A) Show the source textThe aggregate fee, compensation, commission, or other remuneration agreed upon is not in excess of ten per cent of the amount recovered and paid to the owner by the director of budget and management |
How surplus funds arise in Ohio
When a home in Ohio is sold at a foreclosure sale or a tax sale for more than the debt and the costs of the sale, the money left over is surplus funds, also called excess proceeds or overage. It does not belong to the lender or to the buyer. Liens recorded behind the foreclosed debt are paid first, and what remains belongs to the former owner or to the owner's heirs. Read surplus funds explained for the general rules and liens and competing claims for the order of payment.
How a claim moves in Ohio
We confirm the sale figures in the public record, identify which office in Ohio is holding the money, and prepare and file the claim the way that office requires, advancing the costs. Because we bring the whole record with us, the claim does not stall on a missing document, a competing name or a missed date. See how to qualify for what we handle and what you provide. Notices about surplus are usually mailed to the last address on record, which is often the home that was sold, so do not wait for a letter. In Ohio that program is the Ohio Department of Commerce, Division of Unclaimed Funds.
If the owner has died
The right to the money belongs to the estate. Depending on the size of the estate, Ohio law may allow a simplified procedure, or a probate court may need to appoint a personal representative. See estate and heir recovery and probate assistance.
Working with a recovery company in Ohio
Ohio regulates this kind of service. Ohio's unclaimed funds law regulates anyone who charges a fee to locate or recover unclaimed funds that have been reported to the state under section 169.03. An agreement made within two years after the holder's report is filed is invalid, and the finder may not contact the owner during that time. A later agreement is valid only if the total fee is not more than 10 percent of the amount recovered and paid to the owner, and it is in writing, signed by the owner, notarized, and contains the disclosures listed in the statute; it may not include a power of attorney sending the payment to anyone other than the owner, and the finder must hold a certificate of registration from the Ohio Director of Commerce. (Ohio Rev. Code §169.13(A)-(C), (E); §169.16(A))
Any agreement you sign, with us or with anyone else, has to follow that rule.
No out-of-pocket expense. Our only payment is a completion fee taken from the surplus once it is recovered. Where your state requires a licensed attorney for a court or probate filing, a licensed attorney handles it, and you still pay nothing out of pocket. Before you sign with anyone, read what a surplus funds scam looks like.
Questions about surplus funds in Ohio
Enough to prove who you are and how you held the property: identification, the deeds, any notice you received, and, if the owner has died, the estate paperwork. We do the rest for Ohio, from locating the funds to filing the claim.
The officer who made the sale must deliver any money left over after the judgment, interest and costs are paid to the clerk of the court that ordered the sale, within 45 days after the sale is confirmed. The clerk must send the former owner (the judgment debtor) a notice, and must pay the balance on demand to the judgment debtor or the judgment debtor's legal representatives, once the actual costs of the notice are paid.
No out-of-pocket expense. We advance the costs and are paid a completion fee from the surplus only after it is recovered. Where a court or probate filing requires a licensed attorney, a licensed attorney handles it.