The following provides a general outline of the process for obtaining excess funds in property foreclosure cases.
Step 1
Decide whether you prefer to hire an attorney to assist you or whether you are going to continue this process on your own.
Step 2
Complete the ‘Motion for the Distribution of Excess Funds and Request for Hearing’ form using the link below.
When completed, you must
eFile this Motion.
Step 3
Once the Motion is accepted by the Clerk’s Office, all parties who are registered eFile users in the case will be served a copy of the Motion and notice of the scheduled hearing date. See the Civil Amended Administrative Order
here for more information regarding service, specifically Sections IX and X.
Step 4
You are required to appear on the scheduled hearing date. Other parties may be present that day and may contest your right to the funds.
Step 5
Following the hearing, the Magistrate will rule on the Motion and eFile a
Magistrate Decision for Distribution of Excess Funds. A party has 14 days to file an objection to the Decision (any other party has an additional 10 days to file objections after the first objection is filed). Following the expiration of time to file objections, the assigned Judge will rule on objections, if any, to the Magistrate’s decision. If appropriate, the Judge will sign and eFile an ‘Order for Distribution’.
Step 6
A check for the ordered distribution of funds will generally be available to you within seven (7) business days of the date that the Order for Distribution has been filed and docketed. You can personally pick up this check at the Office of Fiscal Services, 345 South High Street, 1
st Floor, Room 1B, Columbus, Ohio 43215 or it can be mailed to you at the address indicated on the Order for Distribution. If you appear in person, please bring a photo identification document with you. We require proof of who you are before we will release this check.