Montgomery County, Ohio — Tax Sale & Surplus Procedure

Local operations layer. The legal framework (redemption periods, surplus rights, statutes, case law) lives on the parent page → ohio. This page covers how Montgomery County actually runs it. Legal information, not legal advice. Last verified: 2026-06-02.

C0. Identity

• County seat: Dayton, OH
• Population: 531,542 (2020 Census)
• Recording unit: county
• FIPS: 39113
• Parent legal framework: ohio
• Governance: Standard Ohio three-commissioner structure. County Treasurer (elected), County Auditor (elected), Clerk of Courts (elected), Sheriff (elected), Recorder (elected).
• Land bank: Montgomery County Land Reutilization Corporation (MCLRC) — 130 W. Second Street, Suite 1425, Dayton, OH 45402; (937) 531-6921; info@mclandbank.com; mclandbank.com. Active participant in the R.C. 323.65– 323.79 expedited board-of-revision foreclosure path. Source: mclandbank.com (retrieved 2026-06-02).

C1. Local Tax Sale

Montgomery County conducts three distinct sale types:

1-A. Mortgage Foreclosure Sales & Tax Lien Foreclosure Sales (online)

• Platform: RealAuction, operated under a statewide contract between RealAuction and the Ohio Department of Administrative Services.
• Auction portal: https://montgomery.sheriffsaleauction.ohio.gov (active since December 7, 2021; registration opens seven days before each sale).
• Schedule: Every Friday at 9:00 AM EST. Properties are open for proxy bids seven days before the sale date; only one property sells at a time.
• Registration: All bidders must register with RealAuction at the above portal and complete the Purchaser Information Form. Judgment Creditors (plaintiffs in the case) must also register and submit a copy of the court order to RealAuction at least one business day before the sale; they are exempt from the deposit requirement per R.C. 2329.211.
• Deposit — Mortgage Foreclosure Sales:
  • Appraised value ≤ $10,000 → $2,000
  • Appraised value $10,001–$200,000 → $5,000
  • Appraised value > $200,000 → $10,000
  • Wire transfers: received by 5 PM EST two business days before sale.
  • ACH payments: initiated by 4 PM EST five business days before sale.
  • Balance due: 30 days after sale.
• Deposit — Tax Lien Foreclosure Sales:
  • $1,000 PLUS transfer and recording fees ($47.50 + $0.50 per additional parcel). Same wire/ACH deadlines as above.
  • Balance due: 15 days after sale.
• Contact (RealAuction): (877) 361-7325 / (954) 734-7401; customerservice@realauction.com; https://www.realauction.com
• Contact (Sheriff Real Estate Sales): StraderR@mcohiosheriff.org; (937) 496-3065.
• Source: https://www.mcohiosheriff.org/support_services/records_and_property/properties_for_sale.php (retrieved 2026-06-02); https://go.mcohio.org/applications/sheriffauction/sflistauction.cfm (retrieved 2026-06-02).

1-B. Treasurer’s Tax Sales (in-person)

• Platform: In-person auction at the Montgomery County Administration Building, lower level auditorium, 451 W. Third St., Dayton, OH 45422.
• Schedule: First Thursday of every month at 10:00 AM EST. Initiated when property owners fail to pay property taxes; these are county- initiated tax foreclosure sales distinct from private tax-lien-holder foreclosures.
• Deposit — Treasurer’s Tax Sales: Same as Tax Lien Foreclosure Sales: $1,000 + transfer/recording fees. Balance due within 15 days.
• Source: https://www.mcohio.org/734/Foreclosure-Sales (retrieved 2026-06-02); https://www.mcohio.org/support_services/records_and_property/properties_for_sale.php (retrieved 2026-06-02).

1-C. Negotiated Tax Lien Certificate Sale (annual)

• Authority: R.C. 5721.33 — negotiated bulk sale of tax lien certificates.
• Schedule: Annual; most recent confirmed date: Friday, December 12, 2025 (John McManus, County Treasurer). The next 2026 date is [needs_verification — no 2026 date published as of last retrieval].
• Eligible parcels: All parcels with delinquent taxes; certificates sold as a package (not individually). Delinquent parcel list: www.mctreasurer.org/TaxLien.
• Cost to certificate holder: delinquent taxes + $400 administrative fee + applicable premium + up to 18% interest (consistent with R.C. 5721.30 statutory maximum).
• How property owner avoids sale: pay delinquent balance in full before 4:00 PM on sale date, or establish a payment plan (20% down required). Personal checks accepted until ~2 weeks before sale; only cash/cashier’s check/money order thereafter.
• One year after sale: certificate holder may initiate foreclosure under R.C. 5721.37.
• Delinquency contact: 937-225-4010, option 2.
• Source: https://www.mcohio.org/1646/Tax-Lien-Certificate-Sale (retrieved 2026-06-02); https://www.mcohio.org/731/Past-Due-Taxes---Delinquency (retrieved 2026-06-02).

Delinquent list / Monty Lots tool

• Monty Lots (www.montylots.com) — a tool built by Code for Dayton in partnership with the Montgomery County Treasurer’s Office. Displays properties that are at least two years delinquent on property taxes and meet the first-step eligibility requirement for foreclosure acquisition programs. As of 2022 the foreclosure acquisition programs shown by Monty Lots were suspended; current status [needs_verification]. Source: montylots.com (retrieved 2026-06-02).

C2. Local Redemption → framework: right-of-redemption

• Where to redeem: Montgomery County Treasurer’s Office, 451 W. Third Street, Dayton, OH 45422. Phone: 937-225-4010. Hours: Mon–Fri 8 AM–4 PM.
• Delinquency payment plans: Available through the Treasurer’s Delinquency Department (option 2). Property owners can enter monthly contracts to become current on taxes without accruing additional interest and penalties during the plan. See https://www.mcohio.org/732/Delinquency-Payment-Plans.
• Pre-sale redemption (tax foreclosure judicial path): At any time before confirmation of sale — pay all delinquent taxes, assessments, penalties, interest, charges due plus costs. R.C. 5721.25 (state law; no county deviation identified).
• Certificate path redemption: Before certificate holder initiates foreclosure — redemption at certificate prices only; after initiation but before confirmation — redemption prices plus interest, attorney’s fees, costs. R.C. 5721.38.
• Pre-sale redemption (mortgage foreclosure): Up to confirmation of sale, by depositing judgment amount + costs + 8%/yr interest on purchase money. R.C. 2329.33.
• Tax payment portal: https://www.paydici.com/montgomery-county-oh/search/landing (Point & Pay / PayDici platform). Source: https://www.mcohio.org/1207/Treasurer (retrieved 2026-06-02).
• Local fees / deviations: No deviations from state statutory defaults identified. [needs_verification — confirm no local ordinance modifies redemption amounts or timeline].

C3. Local Surplus / Excess Proceeds → framework: surplus-funds

Judicial foreclosure residue (R.C. 5721.19/5721.20 path)

• Claim filing venue: Montgomery County Clerk of Courts, Civil Division — Common Pleas Court.
  • Address: 41 N. Perry Street, Room 106, Dayton, OH 45422-2000
  • Phone: (937) 496-7220 (Civil Dept.) / (937) 496-7623 (main)
  • Email: legaldivision@mcohio.org
• Claim form: The Clerk of Courts publishes an “Excess Funds” PDF list (updated as of April 1, 2026; retrieved 2026-06-02): https://mcclerkofcourts.org/Downloads/Excess-Funds.pdf — this is the list of pending excess funds by case number and amount. A Motion for Distribution of Excess Funds (Common Pleas Civil form) is also available through the Clerk’s Forms page: https://www.mcclerkofcourts.org/Forms.cshtml
• Process: Former owner (or lienholder by priority) files a Motion or Application with the Common Pleas Court in the foreclosure case. The court may hold a hearing. Clerk notifies the owner of any residue per R.C. 5721.20.
• Deadline: Three years from the date the county treasurer receives the residue (R.C. 5721.20). After three years, funds are forfeited to the delinquent tax and assessment collection fund (or MCLRC fund) per R.C. 5721.20 / R.C. 321.261 / R.C. 321.263. (State-law deadline; no local deviation identified.)
• Unclaimed funds list: The Clerk of Courts publishes an Excess Funds list (Common Pleas foreclosure residue) updated periodically; as of April 1, 2026 the list contains numerous open cases with amounts ranging from ~$52 to over$23,000 (e.g., Tax Ease Ohio LLC foreclosures). Source: https://mcclerkofcourts.org/Downloads/Excess-Funds.pdf (retrieved 2026-06-02).
• Municipal Court unclaimed funds: Separate list at https://www.mcclerkofcourts.org/Downloads/MunicipalCourtsUnclaimedFunds.pdf (retrieved title from mcclerkofcourts.org, 2026-06-02).

Auditor’s unclaimed funds from tax sales (forfeited land / auditor path)

• Claim venue: Montgomery County Auditor’s Office
  • Address: 451 W. Third Street, P.O. Box 972, Dayton, OH 45422
  • Phone: 937-225-4326
  • Hours: Mon–Fri 8 AM–5 PM
• Claim form: Available at https://www.mcohio.org/DocumentCenter/View/1698 (DOCX). Mail completed form to Auditor’s Office, Attention: Unclaimed Funds.
• Unclaimed funds from tax sales list: Published annually (updated in April) at https://www.mcohio.org/DocumentCenter/View/7739 (PDF).
• Deadline (forfeited land / auditor path): One year from the day of sale per R.C. 5723.11 (state law). The Auditor charges the treasurer with the excess in the name of the supposed owner. [See ohio.md needs_verification re: whether current text is one year or six years.]
• Source: https://www.mcohio.org/609/Unclaimed-Funds (retrieved 2026-06-02).

Land-bank direct-transfer path (R.C. 323.78)

• Montgomery County’s MCLRC is an active recipient of direct-transfer acquisitions under R.C. 323.78 (the “expedited board-of-revision” path that can convey title without auction). If MCLRC later resells for more than tax debt plus costs, the excess must go to the county treasurer within 45 days per R.C. 323.78. Former owner’s claim on that surplus follows R.C. 5721.20 (three-year window). The key harrison-v-montgomery-county case (997 F.3d 643, 6th Cir. 2021) arose from a Montgomery County direct-transfer where ~$3K in surplus equity was not returned to the heir. Source: https://law.justia.com/cases/federal/appellate-courts/ca6/20-4051/20-4051-2021-05-11.html.

▸ For Investors / Operators — Montgomery County runs three concurrent sale tracks: online mortgage and tax-lien-holder foreclosures via RealAuction every Friday (deposits $2,000–$10,000 depending on appraised value; balance due 30 days for mortgage, 15 days for tax-lien); in-person Treasurer’s Tax Sales on the first Thursday of each month at 451 W. Third St. (Dayton); and an annual negotiated bulk tax-lien-certificate sale in December under R.C. 5721.33. The MCLRC land bank (130 W. Second St., Suite 1425, Dayton) operates under the R.C. 323.65–323.79 expedited board-of-revision path and can acquire title without an auction, which affects whether surplus reaches the former owner at all — see harrison-v-montgomery-county for the controlling Sixth Circuit analysis.

▸ For Former Owners — Judicial-foreclosure surplus is held by the Montgomery County Clerk of Courts, Civil Division (41 N. Perry St., Room 106, Dayton; (937) 496-7220); the Clerk publishes an Excess Funds list at mcclerkofcourts.org/Downloads/Excess-Funds.pdf (updated April 2026). The claim deadline is three years from the date the county treasurer receives the residue (R.C. 5721.20); after that the funds are forfeited. For surplus from tax sales on the forfeited-land / auditor path, file the Auditor’s unclaimed-funds claim form (mcohio.org/DocumentCenter/View/1698) and mail to the Auditor’s Office (451 W. Third St., P.O. Box 972, Dayton 45422); the deadline on that path is one year from the sale date under R.C. 5723.11.

C4. Offices & Contacts

Sources: mcohio.org/1207/Treasurer, mcclerkofcourts.org/Contact, mcohio.org/1210/Recorder, mcohio.org/1212/Auditor, mcohiosheriff.org, mcohio.org/779/Board-of-Revision, mclandbank.com — all retrieved 2026-06-02.

C5. Local Procedure Notes

• Three-track sale system: Montgomery County runs three distinct sale tracks simultaneously: (1) online mortgage/tax-lien-holder foreclosure via RealAuction every Friday; (2) in-person Treasurer’s Tax Sales on the first Thursday monthly; (3) annual negotiated tax lien certificate bulk sale (R.C. 5721.33) in December. Bidders must register and fund separately for each track.
• RealAuction migration (2022): Effective January 7, 2022, all mortgage foreclosure sales moved to RealAuction (per state DAS contract). Tax Lien Foreclosure Sales joined the online Friday platform effective June 10, 2022. Treasurer’s Tax Sales remain in-person.
• Monty Lots / foreclosure acquisition programs: Montgomery County Treasurer maintains a publicly accessible delinquency mapping tool (Monty Lots, montylots.com). Foreclosure acquisition programs through the land bank and Treasurer were suspended as of February 2022; current status unclear — see needs_verification.
• harrison-v-montgomery-county: This county is the named defendant in the leading Sixth Circuit case on Ohio’s direct-transfer-to-land-bank surplus issue (997 F.3d 643, 2021). The case illustrates the live risk of surplus non-recovery when MCLRC acquires under R.C. 323.78 without a sale. Post-Tyler (2023), the MCLRC “excess to treasurer within 45 days” mechanism is the operative protection — but only if MCLRC actually resells above cost.
• Annual tax lien sale — negotiated bulk format: Unlike many Ohio counties that hold open competitive certificate auctions, Montgomery County’s annual lien sale is conducted as a negotiated sale under R.C. 5721.33, where certificates are sold as a package. This means individual investors cannot bid on specific parcels at this sale.
• Delinquency payment plan cutoff: The Treasurer’s Delinquency Department will negotiate payment plans to avoid a lien sale; 20% down required.
• 2026 Property Reappraisal underway: Auditor’s county-wide reappraisal cycle in progress as of 2026, which may affect base assessed values used in minimum-bid calculations. Source: https://www.mcohio.org/649/Real-Estate (retrieved 2026-06-02).

C6. Records Access

Sources: all URLs retrieved or verified 2026-06-02 via mcohio.org, mcclerkofcourts.org, mcohiosheriff.org, mcrecorder.org.

C7. Meta

sources:

• {type: official_county, url: “https://www.mcohiosheriff.org/support_services/records_and_property/properties_for_sale.php”, retrieved: “2026-06-02”, note: “Sheriff sales platform, deposit schedule, RealAuction migration dates”}
• {type: official_county, url: “https://go.mcohio.org/applications/sheriffauction/sflistauction.cfm”, retrieved: “2026-06-02”, note: “Sheriff auction listing page”}
• {type: official_county_pdf, url: “https://cms6.revize.com/revize/montgomerycountysheriff/January%202025%20UPDATED.pdf”, retrieved: “2026-06-02”, note: “January 2025 UPDATED notice on tax lien sale migration — full text extracted”}
• {type: official_county, url: “https://www.mcohio.org/734/Foreclosure-Sales”, retrieved: “2026-06-02”, note: “County foreclosure sales overview — Treasurer’s Tax Sales, mortgage, tax lien”}
• {type: official_county, url: “https://www.mcohio.org/1646/Tax-Lien-Certificate-Sale”, retrieved: “2026-06-02”, note: “Annual negotiated lien certificate sale; Dec 12 2025 date; parcel eligibility”}
• {type: official_county, url: “https://www.mcohio.org/731/Past-Due-Taxes---Delinquency”, retrieved: “2026-06-02”, note: “Delinquency dept, payment plans, lien sale info”}
• {type: official_county, url: “https://www.mcohio.org/1207/Treasurer”, retrieved: “2026-06-02”, note: “Treasurer office contact, sub-page links”}
• {type: official_county, url: “https://www.mcohio.org/1212/Auditor”, retrieved: “2026-06-02”, note: “Auditor office, mcrealestate.org portal, GIS”}
• {type: official_county, url: “https://www.mcohio.org/629/GIS”, retrieved: “2026-06-02”, note: “GIS portal URL — gis.mcohio.org/VPCore/VP.html?config=aud”}
• {type: official_county, url: “https://www.mcohio.org/609/Unclaimed-Funds”, retrieved: “2026-06-02”, note: “Auditor unclaimed funds — 4 lists, claim form, annual April update”}
• {type: official_county, url: “https://www.mcohio.org/779/Board-of-Revision”, retrieved: “2026-06-02”, note: “BOR address, phone, function”}
• {type: official_county, url: “https://www.mcohio.org/649/Real-Estate”, retrieved: “2026-06-02”, note: “2026 reappraisal underway; mcrealestate.org portal”}
• {type: official_county, url: “https://www.mcohio.org/1210/Recorder”, retrieved: “2026-06-02”, note: “Recorder contact; RISS portal (riss.mcrecorder.org)”}
• {type: official_county_pdf, url: “https://mcclerkofcourts.org/Downloads/Excess-Funds.pdf”, retrieved: “2026-06-02”, note: “Excess funds list as of April 1 2026 — confirmed live list with case numbers and amounts”}
• {type: official_county, url: “https://www.mcclerkofcourts.org/Forms.cshtml”, retrieved: “2026-06-02”, note: “Clerk of Courts forms page; Motion for Distribution of Excess Funds”}
• {type: official_county, url: “https://www.mcclerkofcourts.org/Contact”, retrieved: “2026-06-02”, note: “Clerk of Courts all contacts — civil div (937) 496-7220, main (937) 496-7623”}
• {type: official_county, url: “https://mcohiosheriff.org”, retrieved: “2026-06-02”, note: “Sheriff contact: 345 W. Second Street, (937) 225-4357”}
• {type: official_county, url: “https://mclandbank.com”, retrieved: “2026-06-02”, note: “MCLRC address, phone, mission”}
• {type: official_county, url: “https://riss.mcrecorder.org/mcrecorder.org_redirect.cfm”, retrieved: “2026-06-02”, note: “Recorder RISS redirect — confirmed lori kennedy, (937) 225-4275, mcrecorder@mcohio.org”}
• {type: official_county, url: “https://www.montylots.com”, retrieved: “2026-06-02”, note: “Monty Lots — Code for Dayton / Treasurer partnership; 2+ yr delinquent parcels”}
• {type: case, url: “https://law.justia.com/cases/federal/appellate-courts/ca6/20-4051/20-4051-2021-05-11.html”, retrieved: “per ohio.md 2026-06-01”, note: “harrison-v-montgomery-county (997 F.3d 643) — direct transfer surplus issue in this specific county”}

needs_verification:

• Next 2026 annual negotiated tax lien certificate sale date (December 2025 confirmed; 2026 date not yet published as of retrieval).
• Current status of Monty Lots / foreclosure acquisition programs — suspended as of Feb 2022; unclear if reinstated (montylots.com states “currently suspended” but site may be outdated).
• Whether the MCLRC expedited board-of-revision foreclosure acquisition program is currently active; search results indicated “All foreclosure acquisition programs are currently suspended” but the land bank’s 2026 operations pages reference active programs.
• Local deviations from state redemption timeline — none found, but not confirmed via primary ordinance review.
• Exact form name/URL for the Motion for Distribution of Excess Funds (Common Pleas Civil form) — the Forms.cshtml page references it but the direct PDF URL returned 404.
• Treasurer’s Tax Sale deposit requirements — confirmed $1,000 + fees but not confirmed from a separate official treasurer page (confirmed from sheriff page cross-reference only).
• Auditor’s name (current elected auditor as of 2026 — not retrieved from an official page).

cross_links: ohio, harrison-v-montgomery-county, tyler-v-hennepin-county, surplus-funds, right-of-redemption, land-bank-direct-transfer, sheriff-sale, treasurer-sale, due-process-notice

changelog:

• 2026-06-02 — Initial population. Three-track sale system documented from official sheriff/treasurer pages. RealAuction platform confirmed with deposit schedule extracted from January 2025 PDF. Excess funds list (April 2026) confirmed from Clerk of Courts PDF. Auditor unclaimed funds process confirmed from mcohio.org/609. MCLRC land bank details confirmed. All URLs retrieved.

▸ For Investors / Operators — Montgomery County runs three concurrent sale tracks: online mortgage and tax-lien-holder foreclosures via RealAuction every Friday (deposits $2,000–$10,000 depending on appraised value; balance due 30 days for mortgage, 15 days for tax-lien); in-person Treasurer’s Tax Sales on the first Thursday of each month at 451 W. Third St. (Dayton); and an annual negotiated bulk tax-lien-certificate sale in December under R.C. 5721.33. The MCLRC land bank (130 W. Second St., Suite 1425, Dayton) operates under the R.C. 323.65–323.79 expedited board-of-revision path and can acquire title without an auction, which affects whether surplus reaches the former owner at all — see harrison-v-montgomery-county for the controlling Sixth Circuit analysis.

▸ For Former Owners — Judicial-foreclosure surplus is held by the Montgomery County Clerk of Courts, Civil Division (41 N. Perry St., Room 106, Dayton; (937) 496-7220); the Clerk publishes an Excess Funds list at mcclerkofcourts.org/Downloads/Excess-Funds.pdf (updated April 2026). The claim deadline is three years from the date the county treasurer receives the residue (R.C. 5721.20); after that the funds are forfeited. For surplus from tax sales on the forfeited-land / auditor path, file the Auditor’s unclaimed-funds claim form (mcohio.org/DocumentCenter/View/1698) and mail to the Auditor’s Office (451 W. Third St., P.O. Box 972, Dayton 45422); the deadline on that path is one year from the sale date under R.C. 5723.11.

Legal information, not legal advice. This page summarizes publicly available information about local procedures. Laws change; always verify against current primary sources before acting. Last verified: 2026-06-02.