Judgment Liens in Ohio: How They Attach and How They End

A judgment isn’t a lien until it’s certified to the county

Winning a lawsuit against you doesn’t automatically put a lien on your house. Ohio requires one more step. Under R.C. 2329.02, a judgment becomes a lien on a debtor’s land in a county from the time a certificate of judgment is filed with the clerk of the court of common pleas of that county.

The certificate has to state:

• the court and case number;
• the names of the creditors and debtors, and the debtor’s last known non-P.O. box address;
• the amount of the judgment and costs, the interest rate and the date interest starts;
• the date of the judgment and where it’s entered in the journal.

The clerk dockets and indexes it under both the creditor’s and the debtor’s names. That docket is what a title search reads.

Which judgments can become liens

Almost any money judgment can. R.C. 2329.02 covers judgments of any court of general jurisdiction in Ohio, including federal district courts sitting in the state. R.C. 2329.04 adds that judgments of probate, municipal and county courts and other lower courts become liens only through the same certificate filing in common pleas.

Common sources of judgment liens on Northeast Ohio houses include:

• unpaid credit cards or medical bills that went to court;
• a deficiency left after an earlier foreclosure;
• a contractor or supplier who sued instead of filing a mechanic’s lien;
• a car loan deficiency or personal loan;
• a past landlord’s judgment for unpaid rent.

Where the lien reaches

A certificate filed in Summit County is a lien on real estate you own in Summit County. To reach a house in Stark County, the creditor files a certificate there too. Each filing is separate, and each county’s clerk keeps its own judgment docket:

• Summit County: the Clerk of Courts Legal Division, 205 S. High St., Akron, with records at clerkweb.summitoh.net.
• Stark County: the Clerk of Courts, 115 Central Plaza North, Suite 101, Canton, with an online case docket.

For the rare parcels registered under Ohio’s land registration system, R.C. 2329.02 also requires a filing with the county recorder and a memorial on the certificate of title.

When a judgment lien goes dormant

Ohio judgment liens don’t last forever on their own. R.C. 2329.07 makes a non-state judgment dormant, and no longer a lien, unless within five years of the judgment or its last renewal one of these happens:

1. an execution on the judgment is issued;
2. a certificate of judgment is issued and filed;
3. an order of garnishment is issued or continues;
4. a proceeding in aid of execution starts or continues.

Each of those renews the clock, so an active creditor can keep a lien alive for many years. A judgment in favor of the State of Ohio goes dormant only after 10 years, or 15 years from the last execution, whichever is later. Because these renewal rules are technical, have a title examiner or attorney review an old lien before you rely on it being dormant.

The homestead exemption limits a forced sale

A judgment creditor can ask the court to sell real estate to collect. Ohio’s exemption law limits that for your home. R.C. 2329.66(A)(1)(b) lets an Ohio resident hold exempt from execution and sale their interest, up to a set dollar amount, in one residence that they or a dependent live in. The base figure in the statute is adjusted every three years by the Ohio Judicial Conference for inflation.

For judgments on medical debt, R.C. 2329.66(A)(1)(a) goes further: the lien can still be created, but enforcement against your residence is delayed until the property is sold or transferred to someone other than a surviving spouse or minor children.

The exemption protects you from a forced sale. It doesn’t erase the lien. When you sell voluntarily, the lien is still on the title.

Judgment liens in a foreclosure

If your mortgage lender forecloses, judgment creditors with certificates on file are usually named as defendants, because the preliminary judicial report required by R.C. 2329.191 lists every lienholder. At the sheriff sale they are paid in order of priority from whatever is left after the mortgage, costs and taxes. A creditor that isn’t paid in full loses its lien on that house, but the underlying judgment remains a debt it can try to collect in other ways.

That ordering is why a judgment creditor behind a large mortgage often has little to gain from a sheriff sale, and may accept less to release its lien in a voluntary sale.

How a judgment lien is handled when you sell

At a sale, the title company deals with each judgment lien the same way:

1. The title search lists every certificate of judgment on the clerk’s docket under your name.
2. The title company requests a payoff from the creditor or its attorney, including interest.
3. The lien is paid from your proceeds at closing, after the mortgage and taxes, in order of priority.
4. A release or satisfaction is filed with the clerk so the lien leaves the record.

If the liens add up to more than your equity, you can try to negotiate a reduced payoff, since a creditor that is junior to a large mortgage may get nothing at a sheriff sale. A judgment against someone with a similar name can also show up in your search; tell the title company early so it can sort out which entries are really yours.

Our page on selling a house with liens covers the seller’s side, the how to check for liens guide explains the search, and what a title company does covers the closing. If you’d like an as-is number to compare against your liens, ask us for a written offer.