Surplus funds in Indiana: 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.
Clerk holds; assignee claims expressly allowed (IC 32-30-10-14).
No cap on the mortgage stream.
Tax sale overages
Legal, with a statutory fee cap of 10%.
County auditor surplus fund (IC 6-1.1-24-7); agents need a court order to collect.
Deadline: 3-year window.
IC 6-1.1-24-7.5: 10% cap on tax-surplus recovery agreements.
Courtroom requirement: Standard claims here are administrative — no attorney legally required for a routine filing.
If nobody claims it: Tax surplus: 3-yr window → county keeps.
Cars, boats & RVs in Indiana: 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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