Georgia excess funds: how to check and claim what's left

If a Georgia home sold at a foreclosure or tax sale for more than was owed, the leftover money may belong to you. Who holds it, the real deadlines, and how to claim it, either free on your own or through a licensed attorney with no upfront costs.

In Georgia, the leftover money from a foreclosure or tax sale is called excess funds, also known as surplus funds, tax sale overage, excess proceeds. For mortgage foreclosures it is held by the foreclosing lender's law firm; disputed funds go to the Superior Court; for tax sales, county Tax Commissioner (or sheriff/levying officer). It is not mailed out automatically. It has to be claimed, and checking is free.
The local term
Excess Funds
Foreclosure process
Non-judicial (no court case)
Mortgage surplus held by
The foreclosing lender's law firm; disputed funds go to the Superior Court
Tax-sale excess funds held by
County Tax Commissioner (or sheriff/levying officer)
Cost to check yourself
$0. It's public record
Our cost to you upfront
$0. Attorney and filing costs are on us

Georgia foreclosures are non-judicial: after notice and four weeks of ads, homes sell on the courthouse steps the first Tuesday of the month, with no court case required.

How mortgage foreclosure excess funds work in Georgia

After the lender and priority liens are paid, the surplus must be paid to the former owner. Because there is no court case, nobody is required to mail you a notice. The money starts with the foreclosing attorney and, if contested, is deposited with the Superior Court through an interpleader. This comes from publicly available statute (O.C.G.A. § 44-14-190), and you can confirm any of it with the office holding the funds. We encourage it.

The deadline: No claim deadline written for the surplus itself and no automatic notice. Money can sit quietly for years before it is reported to the state as unclaimed property, where it is still claimable.

How tax-sale excess funds work in Georgia

The officer who ran the sale must mail notice of excess funds to the record owner within 30 days of the sale. Most metro counties publish excess funds lists online. Many Georgia counties accept claims only from the owner or a licensed attorney, which is exactly how we file. Source: O.C.G.A. § 48-4-5.

The deadline: 5 years from the tax sale. Then unclaimed money is paid over to the Georgia Department of Revenue, and releasing it takes a superior court order from the county where the sale happened.

How to check if you're owed money in Georgia

  1. Gather what you know: the property address, roughly when the sale happened, and whether it was a mortgage foreclosure or a tax sale.
  2. Contact the holder: for mortgage sales, the foreclosing lender's law firm; disputed funds go to the Superior Court; for tax sales, county Tax Commissioner (or sheriff/levying officer). Asking is free.
  3. Search older money at the Georgia DOR Unclaimed Property Program. Unclaimed balances can move there over time. It's free, so never pay anyone just to search.
  4. Never saw a notice? That's common. Notices are mailed to the foreclosed address, the one place you no longer live.
  5. Or let us check: request a free record check. We confirm what's held, and where a claim needs an attorney we bring in one licensed in Georgia, with no upfront costs.

What Georgia law says about recovery fees

Consumer protection worth knowing before you sign anything: While the county holds tax-sale excess funds, Georgia law sets no fee cap and counties pay the owner directly. Once unclaimed money is turned over to the Department of Revenue, anyone paid to recover it must register with the state as a Claimant Designated Representative, use the state's agreement forms, and charge no more than 30% (rules in effect since July 1, 2024). (O.C.G.A. § 44-12-224) Whoever you work with, including us, should welcome you checking the claim with the county first. More: what recovery really costs.

Georgia county guides

Every county handles the details differently. Each guide lists who holds the money, the phone number to check for free, official forms, and local deadlines. Sale schedules and listings: Georgia foreclosure sales.

Related guides

This page is education about publicly available law, not legal advice. For decisions about your situation, consult a licensed attorney. Other states we cover: Ohio, Florida, or see all states.

Georgia questions

Straight answers, before you ask.

For mortgage foreclosures: the foreclosing lender's law firm; disputed funds go to the Superior Court (according to publicly available statute, O.C.G.A. § 44-14-190). For tax sales: county Tax Commissioner (or sheriff/levying officer) (O.C.G.A. § 48-4-5). You can confirm either directly with the office involved, and we encourage it.

Mortgage foreclosures: No claim deadline written for the surplus itself and no automatic notice. Money can sit quietly for years before it is reported to the state as unclaimed property, where it is still claimable. Tax sales: 5 years from the tax sale. Then unclaimed money is paid over to the Georgia Department of Revenue, and releasing it takes a superior court order from the county where the sale happened. See our deadline guide and confirm your own dates with the county.

Yes. You never need to pay anyone to find out whether money exists or to file your own claim. Our guide on claiming surplus funds yourself shows how. Where a claim gets complicated (a deceased owner, competing liens, a court hearing), we bring in a licensed attorney at no upfront cost to you, and you pay nothing unless money is recovered.

Heirs can usually claim, but the money is treated as part of the estate, so courts and counties typically want probate paperwork before paying anyone. Start with our guide for heirs.

The money is real, and so are the scams. Never pay an upfront fee, never sign away your rights to the property or the funds, and check everything with the county first. Our full checklist: is surplus funds recovery legit? With us there are never upfront costs: attorney fees, filing fees and court costs are covered, and you pay nothing unless money is recovered.

Free case review

Start with a free review. No cost, no obligation.

Share a few details and a case manager will check the public record for your property and tell you what may be there, in plain language, before you decide anything.

  • Nothing to pay to request a review
  • You can verify us with the county before you sign anything
  • If there's nothing there, we'll tell you that too

Request your free review

A case manager will reach out within one business day.

Text messages (optional)

Both boxes are optional and you can submit this form without checking either. See our Privacy Policy and Terms of Service.

Capital Quest Groupis a private recovery company, not a law firm, government agency or court. We don't guarantee any recovery or eligibility. A free review creates no obligation.

Call (888) 301-1182Free review