Print Form PETITION FOR TURNOVER OF SURPLUS FUNDS Clear Form (Rev. 7/24/08) CCCH 0317 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION ___________________________________________________ Plaintiff, (Name of Mortgage Company) v. ___________________________________________________ (Name of Mortgagor/Borrower) ___________________________________________________ Defendant(s). (Name of Co-Mortgagor/Co-Borrower) } No. ______________________________ PETITION FOR TURNOVER OF SURPLUS FUNDS NOW COME(S) the Petitioner(s), ______________________________________________________, and move(s) this Court for entry of an Order turning over the surplus proceeds from the foreclosure sale. In support thereof, Petitioner(s) state(s) as follows: 1. All parties to this proceeding have been given notice of this Petition. 2. The subject property was sold at a foreclosure sale for more than the amount owed the mortgage company and the sale was approved by the Court on _______________________________. 3. There is a surplus remaining after all sums are paid in the amount of $ ___________________. 4. Petitioner(s) is/are a party/parties to the foreclosure case and has/have filed an Appearance in the case. 6. [If Petitioner(s) is/are not the Owner(s)/ Mortgagor(s)] Judgment for the Petitioner(s) has been proved up in the amount of $ ________________. 7. ˆ Petitioner(s) has/have a bankruptcy case pending in Bankruptcy Court and HAS/HAVE ATTACHED (ˆ Yes ˆ No) a copy of the order from the Bankruptcy Court allowing receipt of the surplus funds (“Order Authorizing Distribution of Surplus Funds”). ˆ Petitioner(s) DOES/DO NOT have a bankruptcy case pending in Bankruptcy Court. 5. Petitioner’s/Petitioners’ interest in the property is (attach as exhibits any documents in support of interest): ˆ Owner(s)/Mortgagor(s) ˆ Lien Holder ˆ Judgment Creditor ˆ Other (please specify): __________________________________________ WHEREFORE, the Petitioner(s), ____________________________________________________________, move this Court to turn over to him/her/them the surplus from the foreclosure sale. The undersigned certifies under penalties of perjury, as provided in Section 1-109 of the Code of Civil Procedure, that the statements set forth in this Petition for Turnover of Surplus Funds are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that s/he verily believes the same to be true. Atty. No.: __________________ ______________________________________________ Name: ________________________________________________ Signature of Petitioner Atty. for: ____________________________________________ ______________________________________________ Address: _______________________________________________ City/State/Zip: _______________________________________ Telephone: _________________________________________ Signature of Petitioner _________________________________________________ Signature of Petitioner(s)’ Attorney, if any DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS