What the money is
In an Ohio foreclosure, the property is sold at sheriff's sale and the court confirms the sale. If the price is more than the debts and costs being paid, the surplus belongs to the former owner (the "debtor"), or to their legal representatives, such as the estate if the owner has died.
What the law requires
- The sheriff delivers the surplus to the Clerk of Courts within 45 days after the sale is confirmed.
- The Clerk notifies the former owner, by certified mail if the amount is $500 or more.
- The Clerk pays the surplus on demand to the former owner or their legal representatives, minus the cost of the notice.
- If no one claims it within 90 days after the last notice, it is handled as unclaimed court money under Ohio's unclaimed funds rules, and can later move to the State.
Source: Ohio Revised Code § 2329.44.
How to check whether money is held
- Go to the Cuyahoga County Clerk of Courts website and open its Excess Funds page. The Clerk publishes spreadsheets of foreclosure and other excess funds, listing case numbers, dates, amounts and parties.
- Search the list for the former owner's name or the foreclosure case number.
- Look the case up in the Clerk's online case docket to confirm the property and see the court's orders.
How to claim it
- Ask the Clerk of Courts which form or application it requires to release excess funds in that case.
- Gather photo ID and proof that you were the owner named in the case.
- If the owner has died, the estate's representative usually claims, so open or use a probate case in the Cuyahoga County Probate Court.
- File as the Clerk instructs, and keep copies. If the court has to decide who is entitled, the judge in the case will rule.
If the money has moved to the State
Excess funds unclaimed long enough are turned over to the State of Ohio's unclaimed funds program, and you can still claim them there. Ohio law caps what a finder may charge for funds held by the State at 10% and requires a written, notarized agreement.
Source: Ohio Revised Code § 169.13.
Common questions
Someone offered to recover this for me. Do I have to use them?
No. The Clerk pays on demand to the owner or their legal representatives. If you choose help, never pay up front, and make sure the money is paid to you.
Does a lien holder get paid first?
Liens and debts covered by the sale are paid from the sale price before any surplus exists. Other claimants can ask the court for part of the surplus, which is one reason to check the docket.
Last checked 2026-10-23 against the text of R.C. 2329.44 and 169.13 on codes.ohio.gov.