Montgomery County surplus funds: how to check the list and claim what's yours

If a home in Montgomery County (county seat: Dayton) sold at a foreclosure or tax sale for more than was owed, the leftover money may belong to you. Here's exactly who holds it, how to check for free, and how to claim it.

County contacts verified July 2026
In Montgomery County, Ohio, surplus funds from a mortgage foreclosure sale are held by the Clerk of Courts (Common Pleas Court), and excess funds from a tax foreclosure are held by the Clerk of Courts (in the court case); unclaimed tax-sale proceeds move to the County Auditor's unclaimed funds list. The money legally belongs to the former owner, but it is not mailed out automatically. You must file a claim, and you can check whether money exists for free by calling (937) 496-7220.
Mortgage foreclosure surplus
Clerk of Courts (Common Pleas Court)
Tax sale surplus funds
Clerk of Courts (in the court case); unclaimed tax-sale proceeds move to the County Auditor's unclaimed funds list
County phone
(937) 496-7220
Cost to check yourself
$0. It's public record
How sales happen
Online via RealAuction — all sheriff mortgage-foreclosure and tax-lien sales moved online effective January 7, 2022
Our cost to you upfront
$0. Attorney and filing costs are on us

Is there a Montgomery County surplus funds list?

Yes. The county publishes its official surplus funds list here (pdf). It shows sales that left money behind; look for your name or the property address. The county's file can be hard to read and is only updated periodically, so if you don't find yourself on it, that does not mean no money exists: call the Clerk of Courts (in the court case); unclaimed tax-sale proceeds move to the County Auditor's unclaimed funds list at (937) 225-4326 and ask directly, or have us check the record for you free.

When are Montgomery County sheriff sales, and how do I see the results?

Online via RealAuction — all sheriff mortgage-foreclosure and tax-lien sales moved online effective January 7, 2022. Every Friday, 9:00 AM ET (online); separate in-person Treasurer delinquent tax sales the first Thursday of each month, 10:00 AM. Location: Online; Treasurer's in-person sales at the County Administration Building, 451 W. Third St., Dayton, OH 45422 (lower level auditorium). Sale listings and results are public. See the official Montgomery County sale site. Every result matters for one reason most people miss: if a home sold for more than the debt owed, the difference belongs to the former owner. That's the surplus funds this page is about. Full details: Montgomery County sheriff sale: schedule and results.

How to check if you're owed money from a Montgomery County sale

  1. Look up your foreclosure case for free: Montgomery County PRO (Public Records Online) case search. Search by your name and note the case number and sale amount.
  2. Check the county's official surplus funds list: view the Montgomery County list (PDF). Look for your name or the property address.
  3. Call the county directly: the Clerk of Courts (Common Pleas Court) at (937) 496-7220 or the Clerk of Courts (in the court case); unclaimed tax-sale proceeds move to the County Auditor's unclaimed funds list at (937) 225-4326. Ask whether excess or surplus funds are being held from your sale. This call is free, and you owe nothing to anyone for making it.
  4. Prefer someone to check for you? We'll review the public record at no cost: request a free review. No upfront costs, ever.

How mortgage foreclosure surplus works in Montgomery County

Leftover money from a mortgage foreclosure sale is deposited with the Montgomery County Clerk of Courts under your foreclosure case (R.C. 2329.44 — public information you can verify with the county). Check the Clerk's Excess Funds list, which is organized by case number, then file a motion in your case asking the Common Pleas Court to order the money released to you — Ohio Legal Help's free form assistant takes about 10 minutes. The Clerk's Civil Division at (937) 496-7220 can confirm what is on deposit in your case.

According to publicly available Ohio statute (R.C. 2329.44), when a sheriff's sale brings in more than the judgment and costs, the balance belongs to the former owner, and the clerk must send notice when the surplus is $500 or more. The claim is made by motion in your original foreclosure case. You can confirm any of this directly with the county at (937) 496-7220. We encourage it.

Official form: Motion for Foreclosure Excess Funds (free statewide form assistant, Ohio Legal Help).

How tax-sale surplus funds work in Montgomery County

Money left over from a tax foreclosure sale is held through your court case first, and Ohio law (R.C. 5721.20 — publicly available statute) gives a limited window to claim it before it is permanently forfeited, so act early. Unclaimed tax-sale money in Montgomery County appears on the County Auditor's Unclaimed Funds from Tax Sales list, updated every April. Complete the Auditor's claim form and mail it to Montgomery County Auditor's Office, Attention: Unclaimed Funds, P.O. Box 972, Dayton, OH 45422 — or call (937) 225-4326 to check for your name first.

According to publicly available Ohio statute (R.C. 5721.20), excess from a tax foreclosure is held for the former owner, but unclaimed money can be permanently forfeited three years after it is paid into the county treasury. This is the one deadline in Ohio you cannot miss. You can confirm any of this with the Clerk of Courts (in the court case); unclaimed tax-sale proceeds move to the County Auditor's unclaimed funds list at (937) 225-4326.

Official form: Montgomery County Auditor Unclaimed Funds Claim Form (Word document).

You can do all of this yourself, for free.The county will never charge you to check, and you don't need anyone's permission to file your own claim. Where we help is when it gets complicated: a deceased owner, competing liens, missed deadlines, or a court hearing. Our licensed attorneys handle the entire claim with no upfront costs: attorney fees, filing fees, and court costs are on us, and you pay nothing unless money is recovered.

Good to know in Montgomery County

  • The Clerk of Courts publishes a countywide Excess Funds list as a PDF organized by case number — the version posted as of July 2026 is dated June 1, 2026 (mcclerkofcourts.org/Downloads/Excess-Funds.pdf).
  • All sheriff foreclosure and tax-lien sales moved online to montgomery.sheriffsaleauction.ohio.gov effective January 7, 2022 (Fridays, 9:00 AM ET) — there are no more courthouse-steps sheriff sales.
  • The County Auditor maintains four unclaimed-funds lists (including tax-sale proceeds) that are updated only once a year, each April — money transferred there can sit unlisted for months.
  • Foreclosure case records are free to search on the county's PRO system at pro.mcohio.org, which covers General Division Common Pleas civil cases (where foreclosures are filed).
  • The Sheriff's Real Estate Sales desk is a separate contact from the Clerk: (937) 496-3065.

We help former homeowners throughout Montgomery County, including Dayton, Kettering, Huber Heights, Centerville, Riverside, Trotwood.

Related guides

Nearby counties: Butler County, Cuyahoga County, Delaware County, Franklin County, Hamilton County, Lorain County, or see all of Ohio.

Montgomery County questions

Straight answers, before you ask.

The county publishes its official list at https://www.mcohio.org/DocumentCenter/View/7739 (pdf). Not finding your name doesn't always mean no money exists. Lists update periodically, so confirm by calling the Clerk of Courts (in the court case); unclaimed tax-sale proceeds move to the County Auditor's unclaimed funds list at (937) 225-4326, or request a free record check from us.

Mortgage foreclosure surplus is held by the Clerk of Courts (Common Pleas Court) in the original foreclosure case (per publicly available Ohio statute R.C. 2329.44). Excess money from a tax foreclosure is handled through the Clerk of Courts (in the court case); unclaimed tax-sale proceeds move to the County Auditor's unclaimed funds list (R.C. 5721.20). You can confirm either directly with the county at (937) 496-7220, and we encourage it.

It depends on which kind of sale it was. Mortgage-foreclosure surplus stays with the clerk until 90 days after the last notice, then moves to the county treasurer, who holds it for the owner; under R.C. 9.39, money unclaimed there for five years reverts to the county's general fund. Tax-foreclosure excess is stricter: according to R.C. 5721.20, it is permanently forfeited three years after it is paid into the county treasury. Don't wait. Confirm your dates with the county, and read our deadline guide.

Yes. You never need to pay anyone to find out if money exists or to file a claim. The county process is free apart from routine court costs. Our guide on claiming surplus funds yourself walks through it. Where claims get complicated (a deceased owner, competing liens, missed notices), our attorneys handle everything with no upfront costs, and you pay nothing unless money is recovered.

Heirs can usually claim, but the money is treated as part of the estate, so counties and courts typically require probate paperwork before paying anyone. See our guide for heirs. This is one of the situations where attorney help matters most, and ours costs nothing upfront.

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