Ohio Surplus Funds Laws
How mortgage foreclosure surplus, tax sale surplus and unclaimed funds work in Ohio.
Mortgage foreclosure surplus
Ohio Rev. Code § 2329.44 directly addresses excess from a judicial execution or mortgage foreclosure sale. The officer sends excess to the court clerk within 45 days after confirmation, and the clerk gives the debtor statutory notice. For a balance of at least $500, unclaimed money is handled under §§ 2335.34–.35 after 90 days from the last required notice (§ 2329.44(A)(1)(d)); this is a transfer/disposition trigger, not an automatic 90-day loss of all rights. Demand payment promptly from the clerk or later custodian.
Tax sale surplus
Ohio Rev. Code § 5721.20 specifically governs excess proceeds from a tax-lien foreclosure sale under chs. 5721 or 323; § 5721.18 is foreclosure procedure, not the excess-proceeds rule. Under § 5721.20, excess still unclaimed 90 days after the final § 2329.44 notice moves to the county treasurer; the owner must demand it within three years or it is forfeited to the specified county fund. Special transfers without a sale are outside the main § 5721.20 rule.
Unclaimed funds
Ohio Unclaimed Funds Act, Ohio Rev. Code ch. 169, especially § 169.08, as amended effective September 30, 2025. Under § 169.08(I), funds first reported by January 1, 2016 escheated January 1, 2026; later reports escheat on the tenth anniversary. An eligible former owner may claim equivalent payment through January 1, 2036; claims after that date are void.
Statute text
Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.


