Tax Foreclosure Surplus Funds in Brown County, Ohio: What Homeowners Need to Know
Did the government sell your property in Brown County, Ohio for delinquent taxes? They might be holding money that belongs to you.
When a property sells at a tax foreclosure auction for more than the delinquent taxes owed, the difference is called surplus funds. The 2023 U.S. Supreme Court decision in Tyler v. Hennepin County made it clear: the government cannot keep this extra money. It belongs to the former property owner.
How Tax Sales Work in Brown County
Ohio uses judicial foreclosure for delinquent taxes. The county files a court action, and if the court rules against you, your property is sold at public auction. Any amount left after satisfying debts and costs is surplus that belongs to you under Section 5721.20 of the Ohio Revised Code.
In Brown County, the County Treasurer handles tax collection and the sale process.
Your Right to Surplus Funds
If you do not claim surplus within 60 days, it is transferred to the county treasury. You then have three years to demand payment. After three years, the money is forfeited permanently to the delinquent tax collection fund.
Critical Deadlines
- 60 days: Claim surplus before it transfers to the county treasury.
- 3 years: You can demand payment from the county treasurer within three years.
- After 3 years: Funds are forfeited permanently under Sections 323.261/323.263.
Steps to Take Now
- Contact the Brown County Treasurer to ask whether surplus funds are held from the tax sale of your property.
- If within 60 days of the sale, act immediately before funds transfer to the county treasury.
- Gather documentation: proof of ownership, government ID, tax records, and court notices.
- If the 60-day window passed but you are within three years, demand payment under Section 5721.20.
Free Help Is Available
AuctionBlock.org is a mission-driven company that helps former property owners recover surplus funds for a flat $4,999 fee upon successful recovery. If you lost property in Brown County to a tax sale, visit AuctionBlock.org to find out if money is waiting for you.
This article is for educational purposes only and is not legal advice. Tax foreclosure laws change frequently, especially post-Tyler v. Hennepin County. Verify current deadlines with the Brown County Treasurer or a licensed Ohio attorney. Current as of April 2026.