You can claim it yourself, for free

Checklist: Illinois, money left over after a foreclosure sale

Who holds it: The person the court appointed to conduct the sale, until the court orders distribution (in Cook County, the court decides whether the Clerk of the Circuit Court or the Sheriff holds it)

How long: Held until a party gets a court order. Without an order, the surplus can be forfeited to the State.

How you claim: File a petition or motion in the foreclosure case asking the judge to release the surplus to you. Then give the signed order to the office holding the money.

Your deadline: ____________ (confirm it with the clerk)

Steps

1. Look for the selling officer's written notice of the surplus amount, sent to all parties.
2. File a petition for turnover of surplus funds in the foreclosure case (Cook County: before the Presiding Judge of the Chancery Division).
3. Give the other parties notice as the court requires.
4. Take the court order to the office holding the surplus to be paid.

Documents

• Foreclosure case number
• Court order releasing the surplus

What it costs you

Not researched yet — ask the clerk

If someone offers to do it for you

• Fee limits: Not researched yet — ask the clerk.
• You never need to pay anyone to file.

Official links

• 735 ILCS 5/15-1512 (application of proceeds and surplus): https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K15-1512.htm
• Cook County Clerk of the Circuit Court – Chancery Division FAQ: https://cookcountyclerkofcourt.org/divisions/chancery-division