FORT WAYNE, Ind. (ADAMS) – The Superior Court in Allen has returned more than $1 million in excess funds from the sheriff’s sale to former homeowners who lost homes to foreclosure, or to their heirs.
An all-out effort to find the legitimate recipients of the money was launched in July 2021. The milestone was reached last week when the total reached $1,003,356.
“The Superior Court has never undertaken a project like this before, so hitting the million dollar mark soon proves the work was worth it,” said Judge Jennifer DeGroote, who hears foreclosure cases at the Superior Court. “But it’s more than just a milestone number. In many cases, this money is enough to help people start on a new path after the devastating loss of a home.
Last summer, the Superior Court announced that it had launched a project to return surpluses from the sheriff’s sale. A surplus represents the difference between the amount owed to the financial institution that seized the property and the amount for which the property was sold in the sheriff’s sale.
So far, the Superior Court has refunded funds in 67 foreclosure cases. Amounts returned to former owners or their heirs ranged from less than $200 to almost $69,000.
The Allen Superior Court issued the following:
In most cases, excess funds from a sheriff’s sale are held by the clerk of the courts until claimed. A court order is required to claim these funds. If the money is still 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 are, there is still money to be claimed. Currently, the Superior Court is seeking the rightful beneficiaries of funds held in 59 foreclosure cases with surpluses totaling nearly $520,000. Individual surpluses range from $145 to nearly $50,000.
The Superior Court continues to actively reach out to those who have a claim over excess funds. In addition to sending letters to those named in foreclosure cases, the following outreach efforts remain in place
A list of foreclosure cases with excess funds has been released on line. The list includes case numbers, amount of excess funds held, and other information.
· People’s names are not displayed on the web page. Anyone with a past foreclosure case, or their heirs, can view the list for their case number. If they do not have this case number, it can be obtained by visiting mycase.in.gov and searching by name.
A designated email address, [email protected] was created to answer questions. Claims on a foreclosure overage cannot be filed through the email address.
· If anyone believes they have a claim on a specific surplus from the sheriff’s sale, they should submit a letter to the Allen County Clerk, setting out their claim on the funds. This letter should contain the original foreclosure case number. Letters should be sent to the Allen County Clerk, 715 S. Calhoun St., Room 200A, Fort Wayne, IN 46802.
Claims submitted on excess seizure funds may result in a hearing in court.