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How to claim foreclosure surplus funds in Indiana

Indiana home foreclosures go through court and end in a sheriff's sale. Sale money pays the costs of the sale and the mortgage debt, interest and court costs, and anything left must be paid to the clerk of the court. The court then directs it to you, your heirs, or someone you assigned it to, so you claim it in your foreclosure case.

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

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How to claim surplus funds in Indiana

  1. The clerk of court holds the surplus

    After the sheriff's sale

    The sheriff applies the sale money to the costs of the sale, then to the mortgage debt, interest and court costs. Any amount left over must be paid to the clerk of the court.

    Ind. Code § 32-30-10-14

  2. Find out whether there was a surplus

    After the sale

    Ask the clerk of the court in the county where your case was filed whether surplus money was deposited, and how much. Have your case number ready.

  3. Ask the court to release it

    After the sale; the statute sets no deadline

    The court directs the surplus to the owner, the owner's heirs, or a person the owner assigned it to. File a request in your foreclosure case asking the court to order the clerk to pay you, and ask the clerk which form or motion your court uses. Other lienholders in the case may also ask for the money, so the judge decides who is paid.

    Ind. Code § 32-30-10-14

  4. Get free legal help if anyone disputes it

    As soon as you learn of a surplus

    If a second lender, a judgment creditor or a relative claims the money, the court will decide. Indiana Legal Services and the court self-help pages can help you file your request.

  5. If no one claims the money

    Varies

    Surplus that sits unclaimed can end up with the Indiana Attorney General's unclaimed property division, where you can search and claim it yourself. The exact time before a clerk turns it over was not confirmed, so do not wait.

  6. Be careful with surplus finders

    Before you sign anything

    People who find your name in court records may offer to collect the surplus for a share of it. Indiana's 10% fee cap in Ind. Code § 6-1.1-24-7.5 covers tax sale surplus, and no similar cap was confirmed for mortgage foreclosure surplus, so read any contract carefully and never sign over your rights for a small payment.

    Ind. Code § 6-1.1-24-7.5

  7. Surplus after a property tax sale

    If you lost your home for unpaid property taxes rather than a mortgage, the surplus is held in the county's tax sale surplus fund and has a 3-year claim deadline. See our Indiana property tax foreclosure page.

    Ind. Code § 6-1.1-24-7

What Indiana law says about leftover sale money

Surplus after a mortgage foreclosure sale

Sale money first pays the costs of the sale and then the mortgage debt, interest and court costs. Anything left over must be paid to the clerk of the court, and the court directs it to you, your heirs, or someone you have assigned it to. If your home sells for more than you owed, ask the court clerk in your foreclosure case how to request the surplus.

Ind. Code § 32-30-10-14

Common questions in Indiana

Do I need a lawyer to get my surplus from the Indiana court clerk?

No law requires one, but the money is released only on the court's direction, so you need to file a request in your case. If another lienholder or a family member also claims the money, free legal aid can help. Ask the clerk what your county court requires.

Can my heirs claim the surplus if I die before it is paid in Indiana?

Yes. Indiana law says the court directs the surplus to the owner, the owner's heirs, or the owner's assigns. Your heirs would ask the court in the foreclosure case for the money.

Someone wants me to assign my Indiana foreclosure surplus to them. Should I?

Indiana law lets the court pay a person you assigned the surplus to, so signing an assignment can hand over your money. Before you sign, ask the clerk how much surplus is being held and get advice from legal aid. Never sign an assignment you do not fully understand.

Step by step

More on foreclosure in Indiana

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Also in Indiana

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. Ind. Code § 6-1.1-24-1, Certification of delinquent property (FindLaw, current as of January 1, 2026)
  2. Ind. Code § 6-1.1-24-4, Auditor's notice of sale (FindLaw)
  3. Ind. Code § 6-1.1-24-6.4, Tax sale surplus claims (FindLaw)
  4. Ind. Code § 6-1.1-24-7, Tax sale surplus fund (FindLaw)
  5. Ind. Code § 6-1.1-24-7.5, Agreements to recover tax sale surplus (FindLaw)
  6. Ind. Code § 6-1.1-25-2, Amount required for redemption (FindLaw)
  7. Ind. Code § 6-1.1-25-4, Period of redemption (FindLaw)
  8. Ind. Code § 6-1.1-25-4.5, Notice of petition for tax deed (FindLaw)
  9. Ind. Code § 6-1.1-37-10, Penalties on delinquent taxes (FindLaw)
  10. Court of Appeals of Indiana, EHF-Indiana4, LLC v. M&M Investment Group LLC, No. 25A-TP-2505 (Aug. 13, 2026)
  11. Hamilton County Auditor, Real Property Tax Sale
  12. Hamilton County, Tax sale surplus FAQs
  13. Indiana Code 2026, Title 32 (Property): IC 32-29-7, IC 32-30-10, IC 32-30-10.5, IC 32-30-10.6
  14. Indiana Code 2026, Title 37 (Consumer Lending): IC 37-4 Mortgage Rescue Protection Fraud
  15. Indiana Code 2026, Title 24: Article 5.5 shown as repealed by P.L.115-2026
  16. Indiana Office of Court Services: Mortgage Foreclosure Trial Court Assistance Project
  17. Indiana Rules of Trial Procedure, Rule 6: Time (response deadlines)
  18. Indiana Rules of Trial Procedure, Rule 70: Judgment for specific acts; vesting title
  19. Indiana Courts Self-Service Legal Center: Help with Mortgage Foreclosures
  20. Indiana Courts Self-Service Legal Center: Getting Legal Help
  21. 877-GET-HOPE: Indiana Foreclosure Prevention Network and IHAF status
  22. 877-GET-HOPE: IFPN Partners
  23. IHCDA: Foreclosure Prevention Counselors, pre-suit and settlement conference notices
  24. Indiana Attorney General: Foreclosure Prevention
  25. Indiana Attorney General: Mortgage, Foreclosure, or Tenant Issue (Homeowner Protection Unit)
  26. Indiana Legal Help: Settlement Conference Request Form
  27. Indiana Legal Services: Apply for Free Legal Help
  28. Indiana Department of Financial Institutions: File a Complaint
  29. Indiana DLGF: Deductions and Credits
  30. U.S. Treasury: Homeowner Assistance Fund