Surplus fortune

Ohio Surplus Funds Laws

How mortgage foreclosure surplus, tax sale surplus and unclaimed funds work in Ohio.

General information only, not legal advice. Laws and county procedures change, and local rules may differ. Confirm the current rules with the court, county or a licensed attorney before acting. Last updated: November 2026.

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.

Sources

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