Illinois Surplus Funds Recovery
If your property was sold at foreclosure or tax sale in Illinois and brought more than what was owed, that extra money — the surplus — likely belongs to you. Here's exactly how Illinois handles it.
How surplus funds work in Illinois
Illinois foreclosure sales can generate surplus when the winning bid exceeds the outstanding debt, taxes, and costs. Under 735 ILCS 5/15-1512, that surplus is held by the court and must be released to the rightful claimant — usually the former owner or their heirs.
Circuit Court — motion for distribution of surplus.
Step-by-step: filing your claim
- Confirm there's a surplus. Request the final sale report or distribution from the court for your property.
- Gather proof of ownership. Recorded deed, prior tax bills, ID, and any heirship documents if the owner is deceased.
- Prepare the claim. Claim forms must be notarized.
- File before the deadline. Per court order; usually 60-90 days post sale confirmation. Missing this window typically forfeits the surplus to the county or state.
- Track the disbursement. Once approved, the court issues payment — usually within 30–90 days.
Watch out for
Free Illinois surplus check
Frequently asked questions
Per court order; usually 60-90 days post sale confirmation. After that deadline the surplus typically escheats to the state or county.
Not always — many Illinois claims are administrative. Court-venue states often benefit from counsel or a licensed recovery service to handle motions and notarization.
We work on contingency, capped at the Illinois maximum of 30%. No recovery, no fee.
Heirs can claim the surplus with proof of relationship (death certificate, will or affidavit of heirship). We handle the paperwork.
Other states
This page is informational and does not constitute legal advice. Statutes and deadlines change — confirm with the court of jurisdiction or an attorney licensed in Illinois.