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Surplus funds in Illinois.

When a property in Illinois sells at a tax sale or a foreclosure sale for more than what was owed, the extra can belong to the former owner. Here is who holds it, the law behind it, and every county office linked so you can check for yourself, free.

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Foreclosure sales here

Judicial, through the courts.

Our fee here

We don't offer paid help in Illinois. You can claim surplus here yourself, free; see below.

Tax sale surplus

New law effective July 10, 2026 (Public Act 104-0553): tax-deed properties are sold at a judicial tax-deed auction, and surplus goes to the county treasurer, who must notify the parties. The owner at the time of sale has 3 years from that notice to claim, after which it goes to unclaimed property (35 ILCS 200/22-42). If the treasurer cannot tell who is entitled, or if you file a motion, the circuit court in the tax case holds a hearing within 30 days. Former owners whose tax deeds came under the old system can petition the court that ordered the deed for a surplus-equity award from the county's surplus equity fund (35 ILCS 200/21-302). For tax deeds recorded between July 10, 2024 and July 10, 2026, the petition is due by July 10, 2028. For tax certificates issued before July 10, 2026 that become deeds later, it is due within 2 years after the deed is recorded. The award is the property's value when the deed issued, less mortgages, liens and the taxes the buyer paid. If the property later sells at a 22-42 auction, the owner claims the auction surplus instead.

Foreclosure surplus

Foreclosure type
Judicial
Who holds the surplus

The person the court appointed to conduct the sale (the sheriff or a private selling officer such as a judicial sales company), until the court orders distribution.

If there is a surplus, the person the court appointed to conduct the sale must send written notice to all parties to the case stating the amount, and holds the money until a party obtains a court order distributing it (735 ILCS 5/15-1512(d)). The former owner, or any other party with a claim such as a junior lienholder, asks the court in the foreclosure case for that order. If no order is obtained, the statute says the surplus is forfeited to the State. The statute sets no specific number of days to claim.

Fees and assignments. No statute found capping fees for recovering foreclosure surplus held in the court case. Once money is presumed abandoned, 765 ILCS 1026/15-1302 voids finder agreements made from that date until 24 months after the money is delivered to the State Treasurer, caps finder fees at 10% of the amount collected, and has required a finder license since January 1, 2026. These limits do not apply to an agreement with your own attorney to claim specifically identified property. Any finder agreement must state that the property can be recovered from the Treasurer without paying a fee (15-1301).

Claiming it yourself

We don't offer paid help in Illinois. You can claim surplus here yourself, free.

See the free self-filing steps →

Every Illinois county office(102)

Surplus is public record. Call the office that held the sale with the parcel or case number; in most places it will confirm whether a surplus exists, how much, and the deadline. Self-filing is free. Each entry links the county's tax office and court clerk where the directory lists them, plus the full set of county offices.

Each dot is a county below. Pick one from the list to see it up close.© OpenStreetMap contributors

Check this yourself

This page is plain-language orientation, not legal advice. Statutes were checked against official sources in October 2026, and county links come from the NETR public-records directory, an independent resource. Laws and county procedures change, so confirm with the office before you rely on any of it. You can always file a claim yourself with no recovery fee (a court or notary may charge a small fee).