Ohio's Excess Foreclosure Proceeds: The Clerk-Held Surplus Under ORC 2329.44
Ohio sells tax lien certificates in some of its larger counties (Cuyahoga and Franklin run certificate sales; most smaller counties sell delinquent tax liens directly at 18% flat interest with a one-year redemption period), but when a lien goes unredeemed, the certificate holder doesn't get a deed by request — they have to foreclose judicially, through a sheriff's sale. That's where any surplus comes from, and Ohio handles it differently than most states: the money doesn't sit with the county treasurer. It sits with the Clerk of the Court of Common Pleas.
Who actually gets the surplus
Under Ohio Revised Code § 2329.44, once a sheriff's sale produces proceeds above what's owed to the foreclosing lienholder and any other recorded liens ahead of the owner, the balance is payable to the judgment debtor — the former property owner — or their legal representative. It's not automatic. The clerk holds the funds; someone has to come and claim them.
The claim process is a motion, not a form
Recovering the money means filing a motion for supplemental distribution in the same foreclosure case, with proper notice served on the other parties, followed by a court hearing before the judge signs off on releasing the funds. This is a real legal filing, not a claim form you mail to an office — which is part of why a cottage industry of Ohio surplus-funds recovery attorneys exists specifically for this.
The clock: 90 days, then 30 more, then it moves
Ohio doesn't leave the money with the clerk forever. After the statutory notice period runs (roughly 90 days from the last notice), the clerk posts another notice; if the funds are still unclaimed after another 30 days, they get transferred to the county treasurer as unclaimed funds. At that point recovering the money is a separate, slower unclaimed-funds process rather than a straightforward motion in the original case — so the practical deadline to act is well before that transfer happens, not after.
Why the timing bites people
The 2017 amendment to § 2329.44 was specifically meant to close a gap — before it, the statute didn't clearly say what happened to excess funds after the clerk's initial notices ran out, and some courts had ruled that owners who didn't respond in time forfeited their claim entirely. The current version gives a defined window, but it's still on the former owner (or an investor who bought their claim) to act inside it — nobody proactively cuts a check.
This article is general information, not financial or legal advice. Procedures and notice timelines can vary by county — confirm current process with the Clerk of Courts in the county where the sheriff's sale took place. See our broader guide on surplus funds after a tax sale and the Ohio state page for certificate and redemption mechanics.