Surplus funds in Illinois: the rules, straight.
We work this state with local counsel or extra verification in the loop where the process calls for it.
Foreclosure / mortgage surplus
Legal — no statutory fee cap found pre-escheat.
Sale officer holds; disbursement by court order (735 ILCS 5/15-1512).
Judicial state — motion practice.
Tax sale overages
State law bars standard contingency recovery on this stream — attorney-only or no lawful lane.
NO tax overage exists in IL — the indemnity fund (765 ILCS 605) is a different animal.
Do not chase IL tax-sale "overages" — there are none.
Courtroom requirement: Claims here move by court motion. Licensed local attorneys on our bench handle the courtroom work inside the same contingency deal — you never pay hourly legal bills.
If nobody claims it: Mortgage surplus → unclaimed property (765 ILCS 1026).
Cars, boats & RVs in Illinois: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.
This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered.
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