Free CCCH 0317 7-24-08.pmd - Illinois


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State: Illinois
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PETITION FOR TURNOVER OF SURPLUS FUNDS IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION

(Rev. 7/24/08) CCCH 0317

___________________________________________________
(Name of Mortgage Company)

Plaintiff, v.

___________________________________________________
(Name of Mortgagor/Borrower)

___________________________________________________
(Name of Co-Mortgagor/Co-Borrower)

Defendant(s).

}

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. 5. Petitioner's/Petitioners' interest in the property is (attach as exhibits any documents in support of interest): Owner(s)/Mortgagor(s) Lien Holder Judgment Creditor Other (please specify): 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. Petitioner(s) has/have a bankruptcy case pending in Bankruptcy Court and HAS/HAVE ATTACHED ( Yes No) a copy of the order from the Bankruptcy Court allowing receipt of the surplus funds ("Order Authorizing Distribution of Surplus Funds"). Petitioner(s) DOES/DO NOT have a bankruptcy case pending in Bankruptcy Court.

__________________________________________
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: ________________________________________________ Atty. for: ____________________________________________ Address: _______________________________________________ City/State/Zip: _______________________________________ Telephone: _________________________________________

______________________________________________
Signature of Petitioner

______________________________________________
Signature of Petitioner _________________________________________________ Signature of Petitioner(s)' Attorney, if any

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS