Facing Tax Foreclosure in Marshall County, Illinois? Know Your Rights and Options
If your property in Marshall County, Illinois, was recently sold at a tax sale, there is something important you need to know -- and time may not be on your side.
How Tax Sales Work in Marshall County
Illinois uses a tax lien certificate system. When property taxes become delinquent, the county sells a tax lien certificate to an investor who pays your back taxes. You keep the property during the redemption period but must pay back the investor with interest. If you do not redeem, the certificate holder can petition for a tax deed. In Marshall County, the County Treasurer handles tax matters and the County Treasurer (county seat: Lacon) oversees surplus funds. This county uses a tax lien sale.
Surplus Funds and Your Rights
Because Illinois sells tax lien certificates rather than properties at auction, tax sales here do not typically generate surplus funds. However, mortgage foreclosure sales can and do generate surplus. Under Illinois Section 15-1504.5, you have the right to petition the court for any excess money from a foreclosure sale. The Homeowner Notice attached to your foreclosure summons should inform you of this right.
The 2023 Supreme Court ruling in Tyler v. Hennepin County confirmed that governments cannot keep surplus proceeds beyond what is owed -- strengthening property owners' rights nationwide.
Key Deadlines
Under Illinois's Uniform Disposition of Unclaimed Property Act (765 ILCS 1025, Section 8), mortgage foreclosure surplus funds held by a court are presumed abandoned after seven years. This is one of the longer windows available, but do not wait -- filing early is always better.
Steps You Can Take Right Now
- Contact the County Treasurer in Marshall County at the county seat in Lacon. Ask about any surplus funds from a mortgage foreclosure sale of your property.
- Review your foreclosure paperwork. The Homeowner Notice attached to your foreclosure summons explains your right to petition for excess funds from the sale.
- File a petition with the Circuit Court in Marshall County requesting distribution of surplus funds. Include proof of identity and documentation of your ownership interest.
- Act within the seven-year window. While Illinois provides more time than most states, filing sooner means fewer complications and faster recovery.
Get Free Help from AuctionBlock.org
AuctionBlock.org is a mission-driven company that helps former property owners recover surplus funds for a flat $4,999 fee upon successful recovery. We can help you search for funds, navigate the claim process, prepare documentation, and connect with legal resources.
If you are in Marshall County and facing tax trouble -- or you have already lost your property -- act today. Visit AuctionBlock.org to get started.
This article is for informational purposes only and is not legal advice. Tax laws change frequently -- verify current statutes and consult a licensed Illinois attorney before acting. AuctionBlock.org is a mission-driven company. Last updated: April 2026.