Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
After a judicial foreclosure sale in Ohio, any money left over once all liens, fees and costs are paid becomes surplus funds. An interested party—such as a former owner, junior lienholder or judgment creditor—can take these steps to find out if surplus remains:
1. Review the Court Case Docket
Visit the clerk of courts in the county where the foreclosure occurred. Ask for the foreclosure case file and look for:
- Certificate of Sale – shows the sale price.
- Report of Sale and Distribution of Proceeds entries – indicate how the sheriff or marshal allocated funds under Ohio Revised Code § 2329.42 (ORC 2329.42).
2. Search Online Court Records
Many Ohio counties post civil dockets online. Use the case number or party names to view the sale report and check whether the clerk deposited surplus money with the court.
3. Contact the Sheriff or Marshal’s Office
The officer who conducted the sale prepares a distribution report. They can confirm whether surplus funds were generated and whether those funds were returned to the court or paid to a claimant.
4. Check for Tax-Foreclosure Surplus Funds
In a tax foreclosure sale, the county treasurer handles surplus under ORC 5721.16. Contact the treasurer’s office and request a surplus payment inquiry.
5. File a Claim for Surplus Funds
Once you confirm surplus, prepare a written application or affidavit with:
- Case number and sale date.
- Proof of your interest (deed, lien, or judgment).
- Photo ID and contact information.
Submit this to the clerk of courts. Local rules or a judge’s order will set deadlines—typically within two years after the sale for judicial foreclosures.
Helpful Hints
- Gather the foreclosure case number before you visit any office.
- Call ahead to confirm fees for copying or searching files.
- Check county websites for online docket access.
- Keep proof of mailing when you file a surplus claim.
- Consult an attorney if multiple claimants exist or the distribution is contested.