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When an Illinois property sells at a sheriff’s sale for more than the judgment debt, the leftover money does not automatically go back to the bank. Under 735 ILCS 5/15-1512, that surplus is held by the county circuit clerk for the former owner.

A lot of people never hear about it, or they get a notice that is easy to miss after a foreclosure. The money can sit in the court registry until someone files the right petition, gives notice to the parties, and gets a court order for distribution.

How it usually works in Northern Illinois counties:

• Kane County (Geneva): motion with the Circuit Clerk, notice to the original parties, and a clean check for junior liens.
• Will County (Joliet): funds move to the clerk after sale confirmation; you still need a petition and typically a hearing.
• LaSalle County (Ottawa, 13th Judicial Circuit): excess proceeds stay with the court until a formal order is entered.

If you or someone you know went through a sheriff’s sale in these counties (or elsewhere in Chicagoland), it is worth pulling the sale confirmation and asking the clerk whether a surplus balance is on the docket. Title companies and foreclosure counsel sometimes catch this, but former owners often do not.

I help people check county records for free and only get paid if funds are recovered (no upfront fee). Happy to answer process questions in the comments either way.

Free case check: 888-907-3234 Ext 19
usforeclosurerecovery.com/claimwithjoe

Not legal advice. County procedures and timelines vary.