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How to claim foreclosure surplus funds in Illinois

In an Illinois mortgage foreclosure, the officer who ran the sale holds any surplus until the judge orders who gets it. That officer must send everyone in the case a written notice of the amount. You claim it by asking the court in your foreclosure case for an order, and most people can do this without paying anyone.

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Reviewed against Illinois law and official sources on October 11, 2026. General information, not legal advice.

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How to claim surplus funds in Illinois

  1. The sale officer holds the money

    After the judicial sale

    Sale money pays the costs of the sale, then the lender's allowed costs, then the claims in the order the court set in the judgment or confirmation order. Anything left is held by the person the court appointed to run the sale, such as the sheriff or a judicial sales officer, until a court order says who gets it.

    735 ILCS 5/15-1512

  2. Notice of the surplus

    After the sale, if there is a surplus

    The person who ran the sale must send written notice of the surplus amount to all parties in the case. If you moved, give the court your new address so the notice reaches you.

    735 ILCS 5/15-1512(d)

  3. Check the court file yourself

    Any time after the sale

    If you never got a notice, look in your case file at the circuit clerk's office for the Report of Sale, which should list the surplus. If it is not there, the Order Approving Sale may show it.

  4. Ask the judge for a turnover order

    After the court approves the sale

    File a petition in your foreclosure case asking the court to turn the surplus over to you, using the forms your circuit court requires. The judge issues an order, and you take it to the office holding the money, which then releases it. In Cook County you must appear in person with photo ID.

    735 ILCS 5/15-1512(d)

  5. If no one asks for it

    Presumed abandoned 3 years after it becomes payable

    The foreclosure law says surplus no one gets an order for is forfeited to the State. Under the unclaimed property law, money held by a court is presumed abandoned 3 years after it becomes payable and goes to the State Treasurer, who helps you search and claim at no cost.

    735 ILCS 5/15-1512(d); 765 ILCS 1026/15-201

  6. Finder fees are capped once the State holds the money

    Before you sign any agreement

    For money held by the State Treasurer, a finder's agreement is void if signed before 24 months after the money was turned over, any fee over 10% cannot be enforced against you, and since January 1, 2026 finders must be licensed by the Treasurer. No similar cap was found for surplus still held in the court case, so be wary of anyone asking for a percentage.

    765 ILCS 1026/15-1301, 15-1302, 15-1303

  7. Surplus after a property tax sale

    If you lost your home for unpaid property taxes, not a mortgage, the rules are different and changed on July 10, 2026. See our Illinois property tax foreclosure page.

    35 ILCS 200/21-302, 22-42

What Illinois law says about leftover sale money

Surplus after a mortgage foreclosure sale

Sale money is applied in this order: sale expenses, the lender's allowed costs of holding and preparing the property, then the claims in the order the court set in the judgment or confirmation order. Anything left is a surplus. The person who ran the sale holds it and must send written notice of the amount to everyone in the case. The surplus is paid out only on a court order, so you must file a request with the court in your foreclosure case. If no one gets an order, the law says the surplus is forfeited to the State. You do not need to pay anyone to do this for you. If you are not sure whether there was a surplus, check the Report of Sale in your court file at the circuit clerk's office.

735 ILCS 5/15-1512

Common questions in Illinois

Can a second mortgage or judgment creditor take part of my Illinois foreclosure surplus?

Yes. Sale money is applied to claims in the order of priority the court set in the judgment or the order confirming the sale. Liens that rank ahead of you are paid before any surplus reaches you.

Does collecting the surplus end my Illinois foreclosure case?

Illinois Legal Aid Online says collecting the surplus generally ends the foreclosure, so you usually cannot appeal afterward. If you think the foreclosure was wrong, talk to a lawyer before you file for the surplus.

Can an heir collect Illinois foreclosure surplus if the owner died?

An heir may be able to collect it through probate, or with a Small Estate Affidavit if the estate is under $100,000. If there are several heirs, they all need to agree, or you may need a lawyer.

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Also in Illinois

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. Public Act 104-0553 (HB 4537), full text
  2. HB 4537 bill status, 104th General Assembly
  3. 35 ILCS 200/21-15, General tax due dates
  4. 35 ILCS 200/21-25, Due dates in counties of 3,000,000 or more
  5. 35 ILCS 200/21-350, Period of redemption
  6. 35 ILCS 200/21-355, Amount of redemption
  7. 35 ILCS 200/21-385, Extension of period of redemption
  8. 765 ILCS 1026/15-201, When property presumed abandoned
  9. 765 ILCS 1026/15-1301, Agreement to locate property
  10. 765 ILCS 1026/15-1302, When agreement to locate property void
  11. 765 ILCS 1026/15-1303, License to act as finder
  12. Illinois State Treasurer, Unclaimed Property
  13. Illinois I-Cash unclaimed property search
  14. 735 ILCS 5/15-1502.5 (grace period notice, repealed effective 7-1-16)
  15. 735 ILCS 5/15-1504.5: Homeowner notice to be attached to summons
  16. 735 ILCS 5/15-1505.5: Payoff demands
  17. 735 ILCS 5/15-1506: Judgment
  18. 735 ILCS 5/15-1507: Judicial sale
  19. 735 ILCS 5/15-1508: Report of sale and confirmation of sale
  20. 735 ILCS 5/15-1511: Deficiency
  21. 735 ILCS 5/15-1512: Application of proceeds of sale and surplus
  22. 735 ILCS 5/15-1602: Reinstatement
  23. 735 ILCS 5/15-1603: Redemption
  24. 735 ILCS 5/15-1604: Special right to redeem
  25. 735 ILCS 5/15-1701: Right to possession
  26. 735 ILCS 5/15-1401: Deed in lieu of foreclosure
  27. 735 ILCS 5/15-1402: Consent foreclosure
  28. 735 ILCS 5/15-1219: Residential real estate (definition)
  29. 765 ILCS 940/15: Mortgage Rescue Fraud Act, rescission of consultant contract
  30. 765 ILCS 940/35: Mortgage Rescue Fraud Act, cancellation of conveyance contract
  31. 765 ILCS 940/50: Mortgage Rescue Fraud Act, violations
  32. 765 ILCS 940/70: Mortgage Rescue Fraud Act, consultant compensation
  33. Illinois Supreme Court Rules (index showing Rule 99.1 and Rule 114)
  34. Illinois Supreme Court Rule 99.1: Mortgage Foreclosure Mediation Programs (amended Dec. 2, 2025, eff. Mar. 1, 2026)
  35. Illinois Supreme Court Rule 114: Loss Mitigation Affidavit (form)
  36. Illinois Courts: Approved Statewide Forms, Mortgage Foreclosure
  37. Illinois Courts: How to Respond to a Mortgage Foreclosure Complaint
  38. Circuit Court of Cook County: Chancery Division Mediation
  39. Cook County Legal Aid for Housing and Debt
  40. 17th Judicial Circuit Court: Mortgage Foreclosure Program
  41. Illinois Attorney General: Home Ownership and Rental Issues
  42. Illinois Legal Aid Online: Mortgage foreclosure
  43. Illinois Legal Aid Online: Options for dealing with foreclosure
  44. Illinois Legal Aid Online: Collecting a surplus after a foreclosure sale
  45. State of Illinois press release on the Illinois Homeowner Assistance Fund (opened April 11, 2022, closed October 31, 2023)
  46. U.S. Department of the Treasury: Homeowner Assistance Fund
  47. Illinois Housing Development Authority: Saving My Home
  48. Illinois Department of Revenue: Property Tax Relief (Senior Citizens Real Estate Tax Deferral Program)
  49. IDFPR Division of Banking: File a Complaint
  50. Illinois State Bar Association: Illinois Lawyer Finder