FORT WAYNE, Ind. (ADAMS) – Allen Superior Court has returned more than $1 million in surplus Sherriff’s Sale funds to former property owners who lost homes to foreclosure, or to their heirs.
An effort to find the rightful recipients of the money was launched in July 2021. The milestone was reached last week when the total reached $1,003,356.
“Superior Court has never undertaken a project like this before, so hitting the $1 million mark this soon proves the work was worth it,” said Judge Jennifer DeGroote, who hears foreclosure cases in Superior Court. “But this is more than just a milestone number. In many cases, this money is enough to help people get started on a fresh path after the devastating loss of a home.”
Last summer, Superior Court announced it had launched a project to return Sheriff’s Sale surpluses. A surplus represents the difference between the amount owed to the financial institution that foreclosed on the property and the amount the property sold for at Sheriff’s Sale.
So far, Superior Court has returned funds in 67 foreclosure cases. Amounts returned to former property owners or their heirs ranged from less than $200 to nearly $69,000.
Allen Superior Court released the following:
In most circumstances, surplus funds from a Sheriff’s Sale are held by the Clerk of the Courts until claimed. A court order is needed to claim these funds. If the money remains unclaimed, it can be turned over to the Indiana Attorney General’s Unclaimed Property Division after five years.
As successful as efforts to return surpluses have been, more money remains to be claimed. Currently, Superior Court is looking for the rightful recipients of funds held in 59 foreclosure cases with surpluses totaling nearly $520,000. Individual surpluses range from $145 to nearly $50,000.
Superior Court continues to actively reach out to those with a claim on surplus funds. In addition to sending letters to those named in the foreclosure cases, the following outreach efforts remain in place
· A list of foreclosure cases with surplus funds has been posted online. The list includes case numbers, the amount of surplus funds being held and other information.
· Individuals’ names are not posted on the web page. Anyone with a past foreclosure case, or their heirs, can check the list for their case number. If they do not have that case number, it can be obtained by visiting mycase.in.gov and searching by name.
· A designated email address, foreclosure@allensuperiorcourt.us has been established to answer questions. Claims on a foreclosure surplus cannot be filed via the email address.
· If someone believes they have a claim on a specific Sheriff’s Sale surplus, they should submit a letter to the Allen County Clerk of the Courts, establishing their claim on the funds. That letter must contain the original foreclosure case number. Letters should be sent to the Allen County Clerk of the Courts, 715 S. Calhoun St., Room 200A, Fort Wayne, IN 46802.
Claims submitted on surplus foreclosure funds may result in a court hearing.
