Resource Library
What actually happens between discovering a surplus and receiving a check — whether you do it yourself or use a recovery firm.
Pull the foreclosure docket and locate the Report of Sale and Order Confirming Sale. Confirm the surplus amount and whether the funds are still with the court or have moved to the Illinois State Treasurer. Everything downstream depends on this.
At minimum you'll need government-issued ID and documents tying you to the property — the deed, the mortgage, or the foreclosure judgment naming you. Heirs additionally need death certificates and proof of heirship (a small-estate affidavit, letters of office from a probate case, or an heirship order, depending on the situation).
Surplus claims are made by filing a petition (often titled a Petition for Turnover of Surplus Funds) in the original foreclosure case, with notice to interested parties. The petition lays out who you are, why you're entitled to the funds, and the amount requested.
If junior lienholders or other claimants assert rights to the surplus, the judge sorts out priority before any payout. Clean cases — no competing liens, clear identity — are often granted without much friction. The court can also scrutinize any recovery agreement you signed, which is why honest, written, reasonable fee agreements matter.
Once the judge signs the turnover order, the clerk or county official disburses the funds. Processing time varies by county. If you used a recovery firm working on contingency, its agreed fee comes out of the recovery — you should never have paid anything before this point.
Not always, but court petitions, notice requirements, and competing-lien fights are where self-filed claims commonly stall. Many claimants use an attorney or a recovery firm that coordinates the filing.
Uncontested court claims often resolve in roughly two to four months. Heir claims, contested claims, or funds already at the State Treasurer can take longer.
Nothing up front. Our contingency fee is 20–30% of the recovered surplus, agreed in writing first, and never more than Illinois law allows. For state-held funds, Illinois caps fees at 10%.
Get a free, no-obligation records review. No upfront cost — we're only paid if you recover.
