1. Which transfers are outside the section
ORC 5721.20 applies when land is sold in a foreclosure proceeding under Chapter 5721 or Chapter 323. It does not apply to a transfer without sale to a municipal corporation, township, county, community development organization, or county land reutilization corporation under the alternative redemption period procedures in section 323.78, except as provided in division (D) of that section. This page does not summarize division (D).
2. The officer and the clerk
Under division (A), if the officer who makes the sale receives more than is necessary to satisfy the writ, with interest and costs, the officer delivers any balance to the clerk of the court that issued the writ. The delivery is not later than 45 days after confirmation of the sale.
Under division (B), the clerk notifies the owner of any residue remaining to the owner on the order of distribution. The notice is given in a manner consistent with section 2329.44(A). This page does not describe how that section says the notice is sent.
3. Ninety days, then the county treasury
Residue the owner does not claim within 90 days from the day the final notice is provided under section 2329.44(A) is paid into the county treasury. The county auditor charges it separately to the county treasurer, in the name of the supposed owner. The treasurer retains it for the proper owner and pays it on demand within three years from the date of receipt.
4. If no demand arrives in three years
If the excess is not demanded within three years, it is forfeited to the delinquent tax and assessment collection fund under section 321.261. In a county that has established a county land reutilization corporation fund under section 321.263, the forfeiture is to that fund. This page uses those section names only. It does not describe either fund beyond the cross-reference.
5. What to ask the clerk or the treasurer
- During the first stage the balance is with the clerk of the court that issued the writ. After the 90-day period it is with the county treasurer, charged in the name of the supposed owner.
- The statute speaks of the owner on the order of distribution. Get that order from the court file before you decide who the notice named.
- Ask the clerk or the treasurer how that office accepts a demand. The statute states the windows. It does not print a county form.
Locate Next “does not file claims, hold funds or decide who’s owed money.”
6. Finding the owner on the order
Start from the court case and the order of distribution. If that order names a company, the Ohio articles rule is in how to find who owns an Ohio LLC. Check each number’s Do Not Call status before outreach. A status does not decide what contact is allowed. See DNC scrubbing. Michigan’s dates are in a different statute. See Michigan remaining proceeds.
Common questions
Where do Ohio excess foreclosure proceeds go first?
To the clerk of the court that issued the writ, not later than 45 days after confirmation of the sale, under ORC 5721.20(A).
How long can the proper owner demand payment from the treasurer?
The treasurer pays on demand within three years from the date the treasury received the excess. If it is not demanded in that time, it is forfeited to the fund named in section 321.261 or, where the county has established one, section 321.263.
Does 5721.20 apply to a transfer without sale under section 323.78?
Not to a transfer without sale to a municipal corporation, township, county, community development organization, or county land reutilization corporation under the alternative redemption period procedures, except as division (D) of section 323.78 provides.
In whose name is the treasury charge entered?
The county auditor charges the residue separately to the county treasurer in the name of the supposed owner. The clerk’s earlier notice is to the owner of residue remaining on the order of distribution.
Sources
- Ohio Revised Code 5721.20, excess foreclosure proceeds. Read October 22, 2026. The section states an effective date of April 3, 2025.
This page is general information, not legal advice. Have counsel review the statute before you rely on it.