Checklist · Reviewed October 2026
How to Verify a Surplus Funds Call or Letter in Illinois: 6 Checks in 15 Minutes
To verify a surplus funds call in Illinois, look up the foreclosure case at the Clerk of the Circuit Court, confirm the sale price exceeded the judgment, check the company at the Illinois Secretary of State, and never pay anything to “release” the money — you can petition the court yourself.
Before you start
- Every check below uses a free, public source. You do not need to give anyone your Social Security number, bank details, or ID to run them.
- A caller who knows your case number has read a public record. That proves they can read a docket, not that they deserve your trust — the checks on the company and the terms matter most.
- If the call was about a tax sale rather than a mortgage foreclosure, the same checks apply; check 5 explains the differences.
- Prefer paper? The one-page Verify the Call checklist (PDF) has the six checks, the “probably legitimate” and “walk away” signs, and where to report — print it, or hand it to a relative who got the call.
Check 1 — Write down exactly what they told you
Before you look anything up, capture the facts from the call or letter: the company name, the county, the case number, the property address, the sale date, what they said you are owed, and what they asked you for. A legitimate caller can give you a case number on the spot. If they refuse, or say the details are “confidential until you sign,” stop here — that is your answer.
Check 2 — Find the foreclosure case in the public docket
Illinois foreclosures are court cases, and the file is public. In Cook County, use the Clerk of the Circuit Court of Cook County online case search (Chancery division, by case number or by the former owner's name). In Lake, Will, or McHenry County, use that county's Circuit Clerk public case search. In the docket, look for the Report of Sale and Distribution, the Order Approving Sale, and any entry mentioning a surplus. If you cannot find the case at all, the sale the caller described may not exist.
Check 3 — Confirm the sale actually produced a surplus
A surplus exists only when the property sold at auction for more than the judgment balance (the loan, interest, fees, and costs the court awarded). The Report of Sale states the sale price and how the money was distributed; when there is money left over, it says so. If the property sold for less than what you owed, there is no surplus to recover — and a caller who insists otherwise is either confused about the file or not being straight with you. If you are unsure how to read the report, our guide How to find out if you're owed surplus funds walks through it.
Check 4 — Verify the company is real
Start with the fact that trips most people up: Illinois has no license, registry, or state approval for companies that recover court-held foreclosure surplus. No agency can tell you a firm is “approved,” and a caller who claims to be “state-licensed to recover surplus funds” is describing a credential that does not exist. What you can verify is narrower and more useful: the business exists, any lawyer involved is licensed, and the case and the surplus are real.
- Illinois Secretary of State — search the company name in the business entity search. An active LLC or corporation with a registered agent is a baseline, not a guarantee. Out-of-state companies should appear in their home state's registry.
- A real office and real people — a physical address (not just a mailbox), named staff on the website, and a phone number that a person answers.
- If they say “attorney” — look the lawyer up on the Illinois ARDC lawyer search. Anyone practicing law in Illinois is listed there.
- Reputation — search the company name with the words “reviews” and “complaints,” and check the Better Business Bureau. No footprint at all is a warning sign; a footprint full of unresolved complaints is a worse one.
- Government impersonation — the court, the Clerk, the Sheriff, and the State Treasurer do not call or text to sign you up for money. The Clerk of the Circuit Court of Cook County warned residents in September 2026 about fraudulent texts demanding payment in the court's name.
Check 5 — Read the terms before you sign anything
- No upfront fees. No “filing,” “processing,” or “release” charges, and never gift cards, wire transfers, or cryptocurrency.
- One contingency fee, in writing, before any work. The agreement should state the percentage and confirm that the court — not the company — disburses the money.
- Your right to do it yourself. You can petition the court on your own (in Cook County, form CCCH 0317, under 735 ILCS 5/15-1512). A firm that hides this is misleading you.
- Know what the law does not cap. No Illinois statute sets a maximum contingency fee on court-held foreclosure surplus, so the percentage in the written agreement is the number you will actually pay. Illinois courts have refused to enforce a grossly one-sided surplus assignment (Crown Mortgage Co. v. Young, 2013 IL App (1st) 122363, where half of a surplus was assigned for a $50 payment), but that is a remedy after the fact, not a cap. Read the percentage before you sign.
- No deed, no blanket power of attorney, no undisclosed buyout. An assignment of your whole claim for a lump sum must tell you what the claim is worth. If you are weighing more than one offer, how to choose a surplus funds recovery company has the ten questions and the fee-agreement checklist.
- Tax-sale calls (HB 4537). Illinois' surplus equity fund (Public Act 104-0553, effective July 10, 2026; 35 ILCS 200/21-302) is claimed by petitioning the court that ordered the tax deed. Deeds recorded July 10, 2024 through July 10, 2026 must be petitioned by July 10, 2028. No county office calls to “register” you, there is no county claim form as of September 2026, and nobody needs to pay to join the Kidd v. Pappas class action. The tax-sale version of these checks is in Got a call about tax-sale surplus equity? How to tell if it's real.
- State-held money (I-CASH). If the surplus already went to the Illinois Treasurer, you can claim it free at icash.illinoistreasurer.gov; finder fees are capped at 10% and any locate agreement signed within 24 months of the transfer is void (765 ILCS 1026).
Check 6 — Decide, and report if you need to
Failed a check? Report the contact to the FTC at ReportFraud.ftc.gov and to the Illinois Attorney General's Consumer Fraud Hotline at 1-800-386-5438. Do not send money or documents. The FTC's March 30, 2026 alert on unexpected calls about unclaimed funds covers the same pattern.
Passed every check? Then the surplus is probably real — and it is yours whether or not you use the company that called. You can file yourself, compare firms, or ask us to confirm the record for free below. Our guide to claiming Illinois surplus funds step by step covers the do-it-yourself path.
Quick verdict
- Probably real: case is in the docket · sale price above the judgment · company on file with the Secretary of State · contingency fee in writing · nothing requested upfront · you were told you can file yourself.
- Walk away: any upfront fee · gift cards, wire, or crypto · no case number · SSN, bank login, or ID requested on first contact · links in texts · “today only” · a deed, blanket power of attorney, or undisclosed buyout · claims to be the court or the government.
Sources: 735 ILCS 5/15-1512; 765 ILCS 1026; 35 ILCS 200/21-302 as amended by Public Act 104-0553 (effective July 10, 2026); Cook County Clerk of the Circuit Court form CCCH 0317; Crown Mortgage Co. v. Young, 2013 IL App (1st) 122363 (Ill. App. Ct., Mar. 18, 2013); FTC consumer alert, March 30, 2026; Clerk of the Circuit Court of Cook County public warnings on fraudulent court texts, September 2026; Illinois Legal Aid Online, “Collecting a surplus after a foreclosure sale”.
Frequently asked questions
No. Illinois courts notify parties by mail and through the case file, not by phone or text, and they never ask for payment to release a surplus. Anyone calling as “the court,” “the Clerk,” “the Sheriff,” or “the Treasurer” to sign you up is not who they say they are.
It proves the caller read a public court file, which any company or scammer can do. It does not prove the surplus is real or that the company is trustworthy. Check the sale numbers in the docket yourself and verify the company before you sign anything.
Treat it as a scam. Legitimate recovery firms send letters or call and can give you a case number; they do not need you to click a link or “verify” funds online. The FTC's March 2026 alert on unexpected unclaimed-funds contacts gives the same advice: don't click, check the official source.
Not on that timeline. Court-held foreclosure surplus in Illinois stays with the court and is claimed by petition; unclaimed funds are eventually transferred to the State Treasurer, but that takes years, not days, and the money can still be claimed from I-CASH afterward. Pressure measured in days is a warning sign.
Yes. Confirm a tax deed was actually recorded on a property you owned, verify the company the same way, and read the terms. Illinois' surplus equity fund (Public Act 104-0553, effective July 10, 2026) is claimed by petitioning the court that ordered the tax deed; no county office calls to register you, and nobody needs to pay to join the Kidd v. Pappas class action.
We look up the case in the public record, tell you whether a surplus appears to exist and roughly where the money sits, and explain your options, including filing yourself at little or no cost. There is no charge and no obligation. If you later choose to work with us, the fee is a single contingency percentage put in writing first.
No. There is no Illinois license, registry, or state approval for companies that recover court-held foreclosure surplus, so no agency can vouch for one. The checks that exist are the Secretary of State business search (the company is real), the ARDC lawyer search (if someone claims to be an attorney), and the court docket itself (the case and the surplus are real). Money already held by the State Treasurer is different: locate agreements for I-CASH funds are regulated by 765 ILCS 1026.
Not for court-held foreclosure surplus. No Illinois statute sets a maximum contingency fee, so the percentage in the written agreement is what you will pay. Illinois courts have refused to enforce grossly one-sided surplus agreements (Crown Mortgage Co. v. Young, 2013 IL App (1st) 122363), but that is a remedy after the fact, not a cap. For state-held I-CASH money, 765 ILCS 1026 caps finder fees at 10% and voids locate agreements signed within 24 months of the transfer.
Related guides
- → Got a Call or Letter About Surplus Funds? How to Tell If It's Legit
- → Why Are Companies Calling Me About My Foreclosure? What They Know and How They Found You
- → How to Choose a Surplus Funds Recovery Company in Illinois: 10 Questions to Ask Before You Sign
- → How to Find Out If You're Owed Foreclosure Surplus Funds
- → How to Claim Foreclosure Surplus Funds in Illinois, Step by Step
- → Court-Held vs. State-Held Surplus Funds: What's Different?
- → Got a Call About Illinois Tax-Sale Surplus Equity? How to Tell If It's Real
- → Am I Owed Money From a Cook County Tax Sale? How to Find Out