Who holds surplus funds in Ohio?

For mortgage foreclosures: clerk of Courts (Common Pleas) in your foreclosure case (according to publicly available statute, Ohio R.C. 2329.44). For tax sales: county treasurer (after the court case closes) (Ohio R.C. 5721.20). You can confirm either directly with the office involved, and we encourage it.

Can I claim Ohio surplus funds myself, without a company?

Yes. You never need to pay anyone to find out whether money exists or to file your own claim. Our guide on claiming surplus funds yourself shows how. Where a claim gets complicated (a deceased owner, competing liens, a court hearing), we bring in a licensed attorney at no upfront cost to you, and you pay nothing unless money is recovered.

What if the former owner has passed away?

Heirs can usually claim, but the money is treated as part of the estate, so courts and counties typically want probate paperwork before paying anyone. Start with our guide for heirs.

Is surplus funds recovery legit in Ohio?

The money is real, and so are the scams. Never pay an upfront fee, never sign away your rights to the property or the funds, and check everything with the county first. Our full checklist: is surplus funds recovery legit? With us there are never upfront costs: attorney fees, filing fees and court costs are covered, and you pay nothing unless money is recovered.

Ohio Surplus Funds: Who Holds Them and How to Claim

In Ohio, the leftover money from a foreclosure or tax sale is called surplus funds, also known as excess funds, excess proceeds, unclaimed sheriff sale funds. For mortgage foreclosures it is held by clerk of Courts (Common Pleas) in your foreclosure case; for tax sales, county treasurer (after the court case closes). It is not mailed out automatically. It has to be claimed, and checking is free.

The local term: Surplus Funds
Foreclosure process: Judicial (through the courts)
Mortgage surplus held by: Clerk of Courts (Common Pleas) in your foreclosure case
Tax-sale surplus funds held by: County treasurer (after the court case closes)
Cost to check yourself: $0. It's public record
Our cost to you upfront: $0. Attorney and filing costs are on us

Every Ohio mortgage foreclosure goes through the county Court of Common Pleas and ends in a sheriff's sale that the court must later confirm.

How mortgage foreclosure surplus funds work in Ohio

If the sheriff's sale brings in more than the judgment and costs, the balance belongs to the former owner. For balances of $500 or more the clerk must send certified-mail notice to your last known address, which is usually the foreclosed house itself. You claim by motion in your original foreclosure case. This comes from publicly available statute (Ohio R.C. 2329.44), and you can confirm any of it with the office holding the funds. We encourage it.

The deadline: The clerk holds the balance until 90 days after the last notice, then pays it to the county treasurer. The treasurer holds it in trust for the owner, but money unclaimed for five years reverts to the county's general fund (R.C. 9.39).

How tax-sale surplus funds work in Ohio

Excess from a tax foreclosure is held in the county treasury under the former owner's name. This is the one Ohio deadline you cannot miss. Source: Ohio R.C. 5721.20.

The deadline: 3 years from the day the county treasurer receives the money. After that it is permanently forfeited to a county fund. Don't wait on this one.

How to check if you're owed money in Ohio

Gather what you know: the property address, roughly when the sale happened, and whether it was a mortgage foreclosure or a tax sale.
Contact the holder: for mortgage sales, clerk of Courts (Common Pleas) in your foreclosure case; for tax sales, county treasurer (after the court case closes). Asking is free.
Search older money at the Ohio Division of Unclaimed Funds. Unclaimed balances can move there over time. It's free, so never pay anyone just to search.
Never saw a notice? That's common. Notices are mailed to the foreclosed address, the one place you no longer live.
Or let us check: request a free record check. We confirm what's held, and where a claim needs an attorney we bring in one licensed in Ohio, with no upfront costs.

What Ohio law says about recovery fees

Consumer protection worth knowing before you sign anything: For money held by the state's Division of Unclaimed Funds, Ohio caps finder fees at 10%, requires finders to register with the Ohio Department of Commerce, and voids agreements signed within 2 years of the funds being reported. Surplus still held by the clerk or the county treasurer is not covered by that cap, so read any percentage carefully. (R.C. 169.13) Whoever you work with, including us, should welcome you checking the claim with the county first. More: what recovery really costs.

Ohio county guides

Every county handles the details differently. Each guide lists who holds the money, the phone number to check for free, official forms, and local deadlines. Auction schedules and results: Ohio sheriff sales.

Related guides

This page is education about publicly available law, not legal advice. For decisions about your situation, consult a licensed attorney. Other states we cover: Georgia, Florida, or see all states.

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Ohio surplus funds: how to check and claim what's left