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Ohio Revised Code

Ohio Rev. Code § 5721.20 (2026)

Excess foreclosure proceeds

✓ current as of May 2026
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Effective:
April 3, 2025
Latest Legislation:
House Bill 315 - 135th General Assembly
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This section does not apply to transfers of property without sale to a municipal corporation, township, county, community development organization, or county land reutilization corporation pursuant to the alternative redemption period procedures contained in section 323.78 of the Revised Code, except as provided in division (D) of that section.

When land is sold pursuant to a foreclosure proceeding as provided in this chapter or Chapter 323. of the Revised Code, both of the following apply:

(A) If the officer who makes the sale receives from the sale more money than is necessary to satisfy the writ of execution, with interest and costs, the officer who made the sale shall deliver any balance remaining after satisfying the writ of execution, with interest and costs, to the clerk of the court that issued the writ of execution not later than forty-five days after confirmation of sale;

(B) The clerk of the court that issued the writ of execution shall notify the owner of any residue of moneys from the sale or foreclosure of lands remaining to the owner on the order of distribution, in a manner consistent with division (A) of section 2329.44 of the Revised Code. Any residue of moneys from the sale or foreclosure of lands remaining to the owner and unclaimed by such owner within ninety days from the day the final notice is provided in accordance with division (A) of section 2329.44 of the Revised Code, shall be paid into the county treasury and shall be charged separately to the county treasurer by the county auditor, in the name of the supposed owner. The treasurer shall retain such excess in the treasury for the proper owner of such lands upon which the foreclosure was had, and upon demand by such owner, within three years from the date of receipt, shall pay such excess to the owner. If the owner does not demand payment of the excess within three years, then the excess shall be forfeited to the delinquent tax and assessment collection fund created under section 321.261 of the Revised Code, or in counties that have established a county land reutilization corporation fund under section 321.263 of the Revised Code, to the county land reutilization corporation fund.

Last updated February 21, 2025 at 11:59 AM

Notes of Decisions
Cited in 9 cases (7 in the last 5 years), 2013–2026 · leading case: Hamilton Cty. Treasurer v. Scott, 2022 Ohio 1467 (Ohio Ct. App. 2022).
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Hamilton Cty. Treasurer v. Scott, 2022 Ohio 1467 (Ohio Ct. App. 2022). · cites it 7× “2 OHIO FIRST DISTRICT COURT OF APPEALS {¶5} On August 3, 2020, Treasurer filed a motion for “entry of forfeiture and order of disbursement of residue and excess moneys from tax foreclosure” pursuant to R.C. 5721.20. At Treasurer’s request, the motion was served on all parties…”
Beaver Street Investments, LLC v. Summit Cnty., Ohio, 65 F.4th 822 (6th Cir. 2023). “Ohio Rev. Code § 5721.20. However, if the county transfers the foreclosed property to the county’s land bank, “the land becomes ‘free and clear of all impositions and any other liens on the property, which shall be deemed forever satisfied and discharged.”
Stidham v. Wallace, 2013 Ohio 2640 (Ohio Ct. App. 2013). · cites it 3× “{¶ 12} In the Wallaces' second argument they assert that they are entitled to residual funds from the sale of their residence under R.C. 5721.20. We disagree. R.C. 5721.20 provides that "any residue of moneys from the sale or foreclosure of lands remaining to the -4- Madison…”
Cuyahoga Cty. Treasurer v. Berger Props. of Ohio L.L.C., 2021 Ohio 3204 (Ohio Ct. App. 2021). · cites it 2× “” Similarly, R.C. 5721.20 provides that 60 days after a sale, if funds remain, the owner may demand the excess and the treasurer “shall pay such excess to the owner.”
Fig v. Lynch, 2024 Ohio 3196 (Ohio Ct. App. 2024). “R.C. 5721.20. In light of the difference between Minnesota’s and Ohio’s laws, Tyler is readily distinguishable from this case.”
Craig v. Cromes, 2025 Ohio 5759 (Ohio Ct. App. 2025). · cites it 2× “, citing R.C. 5721.20. Unlike the present case, the tax-foreclosed home in Tyler, 598 U.”
Zumbrink v. Beam, 2019 Ohio 2347 (Ohio Ct. App. 2019). · cites it 3× “R.C. 5721.20 further indicates that any residue of money from the sale belongs to the owner of the property at the time of foreclosure, and it provides a procedure if the money is unclaimed.”
Lamancusa v. Webb, 2026 Ohio 229 (Ohio Ct. App. 2026). · cites it 3× “See R.C. 5721.20 (“any residue of moneys from the sale or foreclosure of lands … unclaimed by such owner within sixty days from its receipt, shall be paid into the county treasury” and “[t]he treasurer shall retain such excess in the treasury for the proper owner of such lands…”
Beaver Street Investments, LLC v. Summit Cnty., OH (N.D. Ohio 2022). · cites it 2× “Generally, after a foreclosure, if the County sells the property at auction, it may not keep any excess proceeds---that is amounts greater than what was owed on the taxes, pursuant to O.R.C. § 5721.20. However, when the property is transferred to the landbank, the landbank keeps…”
— Ohio Rev. Code § 5721.20(B) — 1 case
Craig v. Cromes, 2025 Ohio 5759 (Ohio Ct. App. 2025). “, citing R.C. 5721.20. Unlike the present case, the tax-foreclosed home in Tyler, 598 U.”
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