Surplus fortune

Indiana Surplus Funds Laws

How mortgage foreclosure surplus, tax sale surplus and unclaimed funds work in Indiana.

General information only, not legal advice. Laws and county procedures change, and local rules may differ. Confirm the current rules with the court, county or a licensed attorney before acting. Last updated: November 2026.

Mortgage foreclosure surplus

Ind. Code § 32-30-10-14 directs any mortgage foreclosure-sale surplus to the court clerk for distribution as the court orders to the mortgagor, heirs, or assignees. Section 32-30-10-14 sets no fixed surplus-claim deadline; seek a court order while the proceeds remain with the clerk. The absence of post-sale property redemption is a different rule.

Tax sale surplus

Ind. Code § 6-1.1-24-7 governs the tax-sale surplus fund, eligible verified claimants, and disposition of unclaimed balances. Section 6-1.1-24-7.5 separately limits recovery-assistance fees (10 %); it is not the claim deadline. A representative or assignee generally must obtain a court order within three years after the tax sale (§ 6-1.1-24-7). Any surplus not claimed within three years after the county receives it goes to the county general fund and cannot thereafter be disbursed from the surplus fund. Check claimant status and the two clocks.

Unclaimed funds

Indiana Revised Unclaimed Property Act, Ind. Code §§ 32-34-1.5-1 et seq.; § 32-34-1.5-48 governs owner claims to the Attorney General. Section 32-34-1.5-48(c) allows an initial claim no later than 25 years after the property is presumed abandoned.

Fee and practice notes

Tax overage fees are capped at 10%.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

Sources

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