Excess Foreclosure Proceeds

When a property is sold at a tax foreclosure sheriff’s sale, the purchase price may exceed the amount needed to pay delinquent taxes, assessments, penalties, interest, court costs, and other authorized charges. Any remaining balance is referred to as excess foreclosure proceeds (also called “excess funds”).

Under Ohio law, excess funds are not immediately released and are subject to specific statutory timelines and court oversight.

How Excess Funds Are Handled

After a sheriff’s sale:

  1. The Clerk of the Court of Common Pleas holds the excess funds for a statutory waiting period following the filing of the Sheriff’s Return.

  2. During this time, eligible parties may file a request with the court to claim the excess funds.

  3. If no court-approved claim is made within the statutory period, the funds may be transferred to the County Treasurer for safekeeping.

This process is administered in coordination with the Clerk of Court and the Prosecuting Attorney’s Office, and follows internal procedures for identification, tracking, and transfer of funds.

Claiming Excess Funds

Individuals or entities who believe they are entitled to excess funds must submit a formal claim. After the Treasurer receives payment, eligible parties may file a request with the Treasurer to claim the funds and the claim form is available here.

Submitting a claim does not guarantee payment. Eligibility and distribution are determined by the Court of Common Pleas or the Lucas County Treasurer in accordance with Ohio law.

Excess Funds Records Requests

Records relating to tax foreclosure excess funds are public records maintained pursuant to Ohio Revised Code §§ 149.43 and 5721.20. A current list of cases with excess funds on deposit with the Lucas County Treasurer is available for direct download here.

Frequently Asked Questions

  • Excess funds are the remaining proceeds from a tax foreclosure sheriff’s sale after all delinquent taxes, assessments, penalties, interest, court costs, and other authorized charges have been paid.

  • Initially, excess funds are held by the Clerk of the Court of Common Pleas for a statutory period following the filing of the Sheriff’s Return. During this time, eligible parties may file a request with the court.

    If no court-approved claim is made within the statutory timeframe, the funds may be transferred to the Lucas County Treasurer’s Office for continued safekeeping.

  • Eligibility is determined by the Court of Common Pleas, not the Treasurer’s Office. In general, parties with a legal interest in the property—such as former owners or lienholders—may be eligible, depending on the case and court findings.

    Submitting a claim does not guarantee payment.

  • To request excess funds, you must submit the Excess Funds Claim Form and follow the instructions provided. Claims are reviewed through the court process, and payment can only be made after a valid court order is issued.

  • No. The Treasurer’s Office does not determine eligibility and cannot provide legal advice. All determinations regarding entitlement and distribution are made by the Court of Common Pleas.

  • The timeline varies by case. Ohio law requires a waiting period after the Sheriff’s Return is filed, and additional time may be needed for court review, filings by interested parties, and issuance of a court order.

    Because each case is different, there is no guaranteed timeframe.

  • If excess funds remain unclaimed after the statutory periods set by Ohio law, the funds may be transferred or disposed of as required by statute, which can include transfer to the county land reutilization corporation (Land Bank).

  • No. Excess funds are not automatically distributed. A claim must be filed and approved by the court before any funds can be released.

  • Excess funds from tax foreclosure sales are governed primarily by Ohio Revised Code § 5721.20, along with related provisions of Chapter 5721. These statutes establish holding periods, court authority, and the roles of the Clerk of Court and the County Treasurer.

    • Legal questions or eligibility: Consult an attorney or review the court docket for your case

    • Claim form and process questions: Refer to the instructions on the claim form

    • General information: Lucas County Treasurer’s Office