Right to the money left over after a sheriff’s sale
Ohio Rev. Code § 2329.44(A)
In plain words
If the sheriff’s sale brings in more than needed to pay the judgment, interest and costs, the balance goes to the clerk of court within 45 days after confirmation. The clerk must then handle it under the statute so that the person entitled — often the former owner — can claim it.
Who is protected
Former owners and others entitled to excess proceeds from an Ohio execution sale.
When it applies
- Only in Ohio.
- Only after the foreclosure sale.
What you can do
Ask the clerk about excess funds
Write to the clerk of courts to claim any balance.
Deadline: Soon after confirmation of the sale
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Honest limits
- Junior liens are paid before the former owner.
- This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.
The law
- State lawExcess payable to debtor
Ohio Rev. Code § 2329.44(A)
Exact part: (A)
What it says: Any balance after satisfying the writ goes to the clerk within 45 days after confirmation, for the person entitled.
Read the official texthttps://codes.ohio.gov/ohio-revised-code/section-2329.44
Court cases
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Homeowner lostSame topicMilton v. U.S. Bank National Ass'n
Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)
an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced
- Homeowner lostSame topicBFP v. Resolution Trust Corp.
BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)
the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code
Related rights
Right to redeem until the court confirms the sale
Ohio Rev. Code § 2329.33
Even after the sheriff’s sale, you can keep your home if you deposit with the clerk the full judgment amount, costs and interest before the court confirms the sale. Once the sale is confirmed, this right ends.
Read this rightThe government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightRenters get at least 90 days' notice after a foreclosure
12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))
If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.
Read this rightTwo-year limit on collecting a home deficiency judgment
Ohio Rev. Code § 2329.08
For a mortgage on a one- or two-family home or farm dwelling, a deficiency judgment becomes unenforceable two years after the court confirms the foreclosure sale. Collection efforts started within those two years are not affected.
Read this rightRight to excess proceeds after a tax foreclosure sale
Ohio Rev. Code § 5721.20
When land is sold in a tax foreclosure for more than the taxes and costs, the county treasurer keeps the excess for the owner. The owner must demand it within three years, or it is forfeited to a county fund.
Read this right