Detailed Answer
Disclaimer: This article provides general information about Ohio law and does not constitute legal advice. For guidance on your specific situation, consult a licensed attorney.
1. Determine Your Eligibility
After a sheriff’s sale in Ohio, any money left over after satisfying the judgment and costs is called surplus funds. Under Ohio Rev. Code § 2329.56 (https://codes.ohio.gov/ohio-revised-code/section-2329.56), parties with a legal interest—typically the former homeowner or junior lienholders—may petition the court for those funds.
2. Identify the Correct Court and Case Number
File your petition in the same Court of Common Pleas in the county where the foreclosure action was originally filed. Locate the foreclosure case number and sale date on the sheriff’s sale docket or court records.
3. Prepare the Surplus Funds Petition
Your petition must include:
- Your full name, address, and contact information.
- The foreclosure case number and sale date.
- A clear statement of your legal interest (e.g., former homeowner, junior lienholder).
- The amount of surplus funds claimed.
- Proof of your interest (e.g., deed, lien documentation).
- An affidavit verifying the petition’s accuracy.
4. File the Petition and Pay Fees
Submit the original petition and several copies to the clerk’s office. Pay the required filing fee (varies by county). Obtain a file-stamped copy for your records.
5. Serve Notice on Interested Parties
Under Ohio Rev. Code § 2329.58 (https://codes.ohio.gov/ohio-revised-code/section-2329.58), serve a copy of the petition and notice of hearing on all parties who might claim a right to the surplus, including:
- The sheriff who conducted the sale.
- Junior lienholders or other known claimants.
- The original judgment creditor, if still active.
Use certified mail or personal service and file proof of service with the court.
6. Attend the Court Hearing
The court will schedule a hearing. Present evidence of your claim, answer any objections, and explain why you’re entitled to the funds. If uncontested, the judge may grant the petition by default.
7. Obtain and File the Court Order
If the judge approves your petition, you’ll receive a Journal Entry or Court Order directing the sheriff to pay you the surplus. File the signed order with the sheriff’s office.
8. Collect Your Funds from the Sheriff
Present the court order to the county sheriff’s office. You may need valid ID and to complete any administrative forms. The sheriff will then disburse the surplus funds.
Helpful Hints
- Track Deadlines: Ohio law may impose strict deadlines; file as soon as you identify surplus funds.
- Gather Documents Early: Proof of ownership or lien status speeds up the process.
- Consult Local Rules: Counties may have specific filing requirements or forms.
- Use Certified Mail: Provides proof of service and protects your claim.
- Keep Copies: Maintain duplicates of all petitions, service receipts, and court orders.
- Consider Professional Help: If your claim is contested or complex, seek an attorney familiar with Ohio foreclosure procedures.