Selling a house in Ohio: foreclosure, probate and closing rules

Written by Michael FrankeLast reviewed: November 2, 2026

Ohio foreclosures go through court and end in a sheriff sale, and you can still pay off the judgment, or sell, until the court confirms that sale. An executor can sell an inherited house without a court case if the will grants a power of sale or every heir consents in writing at a price of at least 80% of the appraisal. Most sellers give the buyer the state disclosure form, and the seller pays the conveyance fee, which runs $1 to $4 per $1,000 depending on the county.

Key facts

Redemption until the court confirms the sheriff sale: the full judgment, costs and 8% interest (R.C. 2329.33).
First sheriff sale minimum bid: two-thirds of the appraisal; a second sale of a home has no minimum (2329.20, 2329.52).
A deficiency judgment on a 1 or 2 family home cannot be enforced more than two years after confirmation (2329.08).
Release from administration for estates of $35,000 or less, or $100,000 if the spouse takes everything (2113.03).
Conveyance fee: $1 per $1,000 statewide plus up to $3 county, paid by the seller ($3 in Franklin County, $4 in Cuyahoga).

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How foreclosure works in Ohio

Ohio lenders must sue, and the court orders the sale (R.C. 2323.07). For most home loans, federal rules bar the filing until the loan is more than 120 days behind (12 CFR 1024.41). The Supreme Court of Ohio sets a 12-month time guideline for courts to finish foreclosure cases, measured from filing (Rules of Superintendence). That is a target for the court, not a promise.

After the decree, the property is appraised and the sheriff sale is advertised once a week for three weeks (2329.26). At the first sale the minimum bid is two-thirds of the appraised value (2329.20). If a home does not sell, a second sale is held 7 to 30 days later with no minimum bid (2329.52), which is where owners lose the most equity.

Many Ohio courts run foreclosure mediation under a Supreme Court model program; ask the court in your case whether it has one (Supreme Court of Ohio). The Attorney General lists Save the Dream Ohio at (888) 404-4674 for referrals to counseling and legal help (Ohio AG).

Redemption and deficiency

Until the court confirms the sheriff sale, you can redeem by depositing the full judgment, all costs and 8% annual interest on the sale price with the clerk, and the court sets the sale aside (2329.33). In practice, selling the house before the sale date is far cheaper than redeeming after it.

If the sale does not cover the debt, the lender can get a deficiency judgment, but on a 1 or 2 family home it cannot be enforced more than two years after the sale is confirmed, apart from collection already under way (2329.08).

Selling an inherited house in Ohio

If the will gives the executor a power of sale, the executor can sell the house without a court order (R.C. 2127.01). Without one, the executor or administrator can still sell without a land-sale lawsuit if the surviving spouse and all heirs or beneficiaries consent in writing, none is a minor, and the price is at least 80% of the appraised value in the inventory (2127.011). Otherwise the sale needs a court land-sale proceeding.

When the heirs keep the house instead, the probate court issues a certificate of transfer that is recorded in the county where the land sits (2113.61). Small estates of $35,000 or less, or $100,000 or less when the surviving spouse takes everything, can be released from administration, and real estate can pass that way (2113.03).

Creditors must present claims within six months of the death (2117.06). A house with a recorded transfer on death designation affidavit passes outside probate (5302.22), but any mortgage stays with it. Ohio has no estate tax for deaths on or after January 1, 2013 (5731.02).

Disclosure form and local inspections

Most sellers of 1 to 4 unit homes must give the buyer the state Residential Property Disclosure Form. A buyer who receives it only after signing can rescind within 3 business days, and no later than 30 days after acceptance or closing, whichever comes first (R.C. 5302.30).

Exempt sales include those by a fiduciary administering an estate or trust, court-ordered and foreclosure sales, transfers between co-owners or to a spouse or lineal relative, and sales by someone who inherited the home and has not lived in it in the past year. A homeowner who sells voluntarily before a sheriff sale is not exempt.

Some cities add a point-of-sale inspection. Cleveland Heights, for example, requires a Certificate of Inspection before you sign a sales agreement (Cleveland Heights). Check with your city before you list or accept an offer.

Closing costs and property taxes

Item	Ohio rule
Conveyance fee	$1 per $1,000 statewide (319.54) plus up to $3 per $1,000 county tax on the seller (322.02). Franklin County charges $3 in total (calculator); Cuyahoga charges $4.
Property tax	Billed in arrears in two halves, due by statute December 31 and June 20 (323.12), so a seller usually credits the buyer for taxes that have built up but not been billed.
Tax foreclosure	You can redeem by paying all taxes and costs until the court confirms the sale (5721.25).

Frequently asked questions

How long does foreclosure take in Ohio?

There is no fixed length. The lender cannot file until the loan is more than 120 days behind, and the Supreme Court of Ohio asks courts to finish foreclosure cases within 12 months of filing. Then comes the sheriff sale and confirmation.

Can I sell my house in Ohio after the sheriff sale is scheduled?

Yes. You can sell at any point before the sale is confirmed, as long as the sale pays the judgment or the lender approves a short sale. Selling before the first sale date avoids the second sale with no minimum bid.

Can an executor sell a house in Ohio without going to court?

Yes, if the will grants a power of sale, or if the spouse and all heirs consent in writing, none is a minor, and the price is at least 80% of the appraised value. Otherwise a court land-sale proceeding is needed.

Who pays the conveyance fee in Ohio?

The seller. It is $1 per $1,000 statewide plus up to $3 per $1,000 in county tax, so $900 on a $300,000 sale in Franklin County and $1,200 in Cuyahoga County.

Do I need a disclosure form if I inherited the house?

Not if you inherited it and have not lived in it during the past year, or if you are selling as the executor or administrator. Fraud rules still apply, so do not hide a defect you know about.

Sources

Checked against each source on November 2, 2026. This page is general information, not legal or tax advice.

R.C. 2323.07 (foreclosure decree and sale) (Ohio Revised Code)
12 CFR 1024.41 (Regulation X loss mitigation rules) (Consumer Financial Protection Bureau)
Rules of Superintendence (case time guidelines) (Supreme Court of Ohio)
R.C. 2329.26 (notice of sheriff sale) (Ohio Revised Code)
R.C. 2329.20 (two-thirds minimum bid) (Ohio Revised Code)
R.C. 2329.52 (second sale with no minimum) (Ohio Revised Code)
Foreclosure Mediation (Supreme Court of Ohio)
What is Save the Dream? (Ohio Attorney General)
R.C. 2329.33 (redemption before confirmation) (Ohio Revised Code)
R.C. 2329.08 (two-year limit on deficiency judgments) (Ohio Revised Code)
R.C. 2127.01 (sale of land by executor) (Ohio Revised Code)
R.C. 2127.011 (sale with heirs' written consent) (Ohio Revised Code)
R.C. 2113.61 (certificate of transfer) (Ohio Revised Code)
R.C. 2113.03 (release from administration) (Ohio Revised Code)
R.C. 2117.06 (six-month creditor deadline) (Ohio Revised Code)
R.C. 5302.22 (transfer on death designation affidavit) (Ohio Revised Code)
R.C. 5731.02 (estate tax ends for deaths after 2012) (Ohio Revised Code)
R.C. 5302.30 (residential property disclosure form) (Ohio Revised Code)
Point of Sale Inspections (City of Cleveland Heights)
R.C. 319.54 (conveyance fee) (Ohio Revised Code)
R.C. 322.02 (county real property transfer tax) (Ohio Revised Code)
Conveyance fee calculator (Franklin County Auditor)
Procedures for transferring ownership (Cuyahoga County Fiscal Officer)
R.C. 323.12 (half-year tax payments) (Ohio Revised Code)
R.C. 5721.25 (redemption in tax foreclosure) (Ohio Revised Code)