What documentation is needed to prove ownership when filing a surplus funds claim – IN

Detailed Answer

Overview. When you file a claim for surplus funds in Indiana (for example, money left over after a sheriff’s foreclosure sale or after a county tax sale), the county or court office that holds the funds will require documents that prove you are legally entitled to those funds. The documentation you must provide depends on your relationship to the property at the time of the sale: owner, mortgagee or lienholder, heir or personal representative, trustee, or an assignee.

Which law applies

Surplus funds claims in Indiana are governed by the state statutes that deal with property sales and tax sales. Relevant statutory material can be found in Indiana Code Title 32 (Property) and Title 6 (Taxation). See the Indiana Code online: IC Title 32 (Property) and IC Title 6 (Taxation). Contact the county sheriff or county treasurer where the sale took place for local claim forms and procedures.

Common documents usually required

The agencies that administer surplus claims typically ask for all of the following where applicable. Provide certified or notarized copies when the office requires them.

• Government-issued photo ID (driver’s license, state ID, or passport) for the person submitting the claim.
• Proof of ownership or interest in the property at the time of sale. Acceptable items include a recorded deed showing ownership, a Certificate of Title, or other recorded instruments showing ownership. If you owned the property when the sale occurred, produce the deed or proof from the recorder’s office.
• Recorded mortgage, lien, or assignment if you are a mortgagee or lienholder. Provide the recorded mortgage or the recorded assignment that establishes your priority to be paid from surplus proceeds.
• Chain of title or title report to show your connection to the ownership record when ownership is disputed or complex.
• If claiming as an heir or beneficiary: certified copy of the death certificate, a certified copy of the will (if probated), and letters testamentary or letters of administration issued by the probate court.
• If claiming through a trust: a certified copy of the trust instrument or a Certification of Trust that shows the trustee’s authority, plus any recorded deed naming the trustee.
• If claiming as an agent or under power of attorney: a notarized, unrevoked power of attorney that specifically authorizes the agent to handle real property matters; some counties may require a certified copy.
• If an entity (LLC or corporation) is claiming: articles of organization or incorporation, a current certificate of good standing (if requested), and a corporate resolution or other evidence that the person signing has authority to act on behalf of the entity.
• Probate or guardianship orders if a guardian, conservator, or personal representative files the claim—court letters showing appointment and authority are usually required.
• Assignment of rights when surplus rights have been sold or assigned to another person or company—provide the signed, recorded assignment and proof the assignor had a valid claim to assign.
• Affidavit or sworn statement describing your claim to the funds and the facts supporting it. Many counties supply a claim form or affidavit to be notarized.
• Supporting documents that show occupancy or payment history where relevant (utility bills, tax bills, closing statements, payoff demands, etc.).
• Tax reporting forms (such as Form W-9) if the county will issue payment and needs taxpayer identification for reporting.

Typical scenarios and the documents most commonly required

• Former owner seeking surplus: government photo ID, recorded deed showing ownership at the relevant time (or title report), affidavit about possession or interest, and if deceased, death certificate and probate letters.
• Mortgage lender or lienholder: recorded mortgage or recorded lien, evidence of any assignment, payoff statement if relevant, and a claim form or affidavit.
• Heirs or beneficiaries: death certificate, will (if probated), letters testamentary/administration, and ID for the claimant.
• Trustee: certified trust documents or Certification of Trust, recorded deed naming trustee, and ID.
• Assignee/third‑party buyer of the claim: fully executed assignment (recorded if required), original claim documentation, and ID.

Practical steps to file a clean claim

1. Contact the county office holding the funds (sheriff or county treasurer) and ask for their surplus funds claim packet and a written list of required documents.
2. Obtain certified copies of recorded instruments from the county recorder if you do not already have them.
3. Have all affidavits and powers of attorney notarized before submission.
4. Include proof of identity and contact information for any follow-up.
5. If you are not the record owner, include documentary proof of your right to claim (assignment, court order, probate letters, etc.).
6. Keep copies of everything you submit and obtain a written receipt or proof of filing from the county.

Deadlines and limitations

Deadlines and required forms vary by the type of sale and by county. Some claims must be made within a statutory period; other counties will have administrative deadlines. Because deadlines can affect whether you receive payment, contact the holding office promptly to learn the exact timeline that applies to your case. Consult the relevant Indiana Code chapters for statutory framework: IC Title 32—Property and IC Title 6—Taxation.

Helpful Hints

• Always start by calling the county sheriff or county treasurer where the sale occurred. Each county may use a slightly different claim form and process.
• Request a written list of required documents so you can gather certified copies and notarizations in advance.
• If the owner is deceased, obtain the death certificate and confirm whether probate has been opened; if not, ask the county whether a small‑estate affidavit would suffice.
• Use recorded documents to prove your priority: county recorder records control disputes about liens and ownership.
• If you are relying on a power of attorney, confirm the county will accept it—some require additional proof that the power was valid on the date of the sale.
• Consider getting a short title search or title report if chain of title is unclear; it can save time and rejection of your claim.
• For entity claims, include documentation that shows the signer’s authority to act today (minutes, corporate resolution, operating agreement, or certificate of incumbency).
• Keep originals safe; provide certified copies unless the office requests originals. Request return of originals in writing if you must provide them.
• If your claim is denied, ask for a written reason and whether you have appeal or refile rights—and note any deadlines for appeal.

Next steps if you’re unsure: If the chain of title or probate status is complicated, consider consulting a licensed Indiana attorney who handles surplus funds, real estate, probate, or title issues. An attorney can prepare or review affidavits, assignments, probate petitions, or other filings.

Disclaimer: This article is informational and educational only. It does not constitute legal advice and does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Indiana attorney.