CHICAGO (WLS) — The Illinois State Treasurer is urging individuals to check for unclaimed funds as there is a substantial $5 billion in unclaimed property and funds within the state. However, one individual is facing difficulties in claiming $19,000 due to a loophole in the law.
Susan Udvance has meticulously submitted a significant amount of paperwork, including her taxes, social security card, and marriage certificate, in her quest to retrieve $19,379 from Illinois State Treasurer Michael Frerichs and the I-CASH website operated by his office.
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Despite her efforts, the investor and realtor was unaware that she had left escrow funds behind approximately ten years ago when she terminated a West Loop investment transaction. It was only recently that she unearthed the forgotten money, but she is encountering obstacles in claiming it.
“It is mine. And they rightfully admitted that it was my money,” said Udvance, who now lives in Arizona.
The other two companies who were part of the deal are now defunct, so she can’t get signatures the state needs to release the money to her.
“I was disgusted. I just you know, I just think they’re not doing this right. You know, there’s a loophole that they need to figure out,” she said.
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The treasurer’s office told the I-Team it understands her frustration but that it’s “required to follow the law when it comes to returning unclaimed property. It’s important to note that the General Assembly approved the law for how we can return escrow money, and the Illinois Department of Financial and Professional Regulation set up the rules to carry out that law. And both are clear when it comes to money held in escrow for real estate transactions. The State Treasurer’s Office is unable to pay the money to anyone without a written release from all the parties involved in the transaction or a court order.”
Udvance said she shouldn’t have to pay legal fees to get a court order.
“It’s very frustrating because they say it’s so easy to do and it’s not it’s not easy at all to claim your money. You know, it’s my money. It was put in escrow. It should have been given back to me,” she said.
The treasurer’s office declined an on-camera interview, but connected the I-Team with Kelli Fogerty, an attorney and real estate expert who is familiar with the unclaimed property process.
“The thing about unclaimed funds is by their very nature. The people who have the most vested interests don’t know about them, and so that really makes them ripe for fraud,” she said.
Fogarty said the extra safeguards are set up to prevent the wrong people from getting the money, and that Udvance’s issue is a warning to others to quickly check and claim funds on the treasurer’s website.
“You should be checking the website for your name. Any businesses, maybe, that you had an interest in, or any minor children. So, the State is just holding those funds. They don’t want to hold them. They want to give them back, because it’s a lot of money and a headache to manage those funds. But you have to make sure that you have the proper documentation,” Fogarty said.
She said if it’s an old trust or bank account, you’d likely not have to worry about another party’s signature, but if it’s something like an escrow with more than one party involved, you could need one. Udvance said she hopes her story will shine a light on a system that is unfairly holding onto her money.
“You contacted them. They didn’t help at all. You know, there’s just nobody willing to help when it’s stuck out in the middle of the universe,” she said.
The I-Team asked the treasurer’s office how many other people are in this situation and how much money is being held because people can’t get the proper signatures. A spokesperson said the office “does not track that figure,” but that the state treasurer has returned a record $2 billion during his time in office.
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