Cherokee County excess funds: how to check the list and claim what's yours

If a home in Cherokee County (county seat: Canton) sold at a foreclosure or tax sale for more than was owed, the leftover money may belong to you. Here's exactly who holds it, how to check for free, and how to claim it.

County contacts verified July 2026
In Cherokee County, Georgia, excess funds from a tax sale are held by the Cherokee County Tax Commissioner, and surplus from a mortgage foreclosure starts with the foreclosing lender's attorney before any court deposit. The money legally belongs to the former owner, but you must file a claim to get it, and you can confirm whether money exists for free by calling (678) 493-6400.
Mortgage foreclosure surplus
Foreclosing lender's attorney; disputed surplus interpleaded to Cherokee County Superior Court (Clerk of Courts)
Tax sale excess funds
Cherokee County Tax Commissioner
County phone
(678) 493-6511
Cost to check yourself
$0. It's public record
How sales happen
First Tuesday of the month, 10:00 a.m., courthouse steps
Our cost to you upfront
$0. Attorney and filing costs are on us

Is there a Cherokee County excess funds list?

Yes. The county publishes its official excess funds list here (records request). It shows sales that left money behind; look for your name or the property address. The county's file can be hard to read and is only updated periodically, so if you don't find yourself on it, that does not mean no money exists: call the Cherokee County Tax Commissioner at (678) 493-6400 and ask directly, or have us check the record for you free.

When are Cherokee County foreclosure sales, and how do I see the results?

First Tuesday of the month, 10:00 a.m., courthouse steps. Advertised in the Thursday edition of the Cherokee Tribune for four consecutive weeks, with the sale held the first Tuesday of the month immediately following the final week of advertising. Location: Cherokee County Courthouse, 90 North Street, Canton, GA 30114. Sale listings and results are public. See the official Cherokee County sale site. Every result matters for one reason most people miss: if a home sold for more than the debt owed, the difference belongs to the former owner. That's the excess funds this page is about. Full details: Cherokee County foreclosure sales: schedule and results.

How to check if you're owed money from a Cherokee County sale

  1. Look up your foreclosure case for free: Cherokee County Clerk of Courts case search (Deeds & Records division: 678-493-6540). Search by your name and note the case number and sale amount.
  2. Check the county's official excess funds list: view the Cherokee County list (Records Request). Look for your name or the property address.
  3. Call the county directly: the Foreclosing lender's attorney; disputed surplus interpleaded to Cherokee County Superior Court (Clerk of Courts) at (678) 493-6511 or the Cherokee County Tax Commissioner at (678) 493-6400. Ask whether excess or surplus funds are being held from your sale. This call is free, and you owe nothing to anyone for making it.
  4. Prefer someone to check for you? We'll review the public record at no cost: request a free review. No upfront costs, ever.

How mortgage foreclosure surplus works in Cherokee County

Because Georgia foreclosures are non-judicial, leftover money from a Cherokee County foreclosure sale sits first with the law firm that foreclosed, not with any county office. Write to that firm and ask for the surplus — its name is on your foreclosure notices and on the deed under power recorded with the Clerk of Courts. If more than one party claims the money, the firm files an interpleader in Cherokee County Superior Court and a judge distributes it; call the Clerk at (678) 493-6511 to ask whether a case naming you exists, and use the Clerk's free online case search to check yourself.

According to publicly available Georgia statute (O.C.G.A. § 44-14-190), after the foreclosing lender and priority liens are paid, the surplus must be paid to the former owner. Because Georgia foreclosures happen outside of court, the money starts with the foreclosing attorney, and nobody is required to chase you down to hand it over. You can confirm any of this directly with the county at (678) 493-6511. We encourage it.

How tax-sale excess funds work in Cherokee County

When a Cherokee County tax sale brings in more than was owed, the Tax Commissioner mails a letter to the owner of record and mortgage holders explaining how the excess funds can be claimed. To see the current list, email excessfunds@Weissman.law — the county routes excess-funds list requests through its outside law firm, and no list is posted online. A claim requires an affidavit and indemnification agreement supported by a current Certificate of Title; if several parties claim the same money, the Tax Commissioner files an interpleader in Cherokee County Superior Court and a judge decides who is paid.

According to publicly available Georgia statute (O.C.G.A. § 48-4-5), the county must notify the record owner within 30 days of the sale, and unclaimed excess funds are sent to the Georgia Department of Revenue after five years. After that, only a court order can release them. You can confirm any of this with the Cherokee County Tax Commissioner at (678) 493-6400.

You can do all of this yourself, for free.The county will never charge you to check, and you don't need anyone's permission to file your own claim. Where we help is when it gets complicated: a deceased owner, competing liens, missed deadlines, or a court hearing. Our licensed attorneys handle the entire claim with no upfront costs: attorney fees, filing fees, and court costs are on us, and you pay nothing unless money is recovered.

Good to know in Cherokee County

  • Cherokee County routes excess-funds list requests through its outside law firm — email excessfunds@Weissman.law to request the current list; nothing is published online.
  • When excess funds exist, the Tax Commissioner mails a letter to the owner of record and mortgage holders advising how the money can be claimed — so a letter from the county (not a cold call) is the official notice.
  • A claim requires an affidavit and indemnification agreement supported by a current Certificate of Title; competing claims trigger a county-filed interpleader in Cherokee County Superior Court.
  • The county's excess funds page states payment is made only to the record owner or lienholders at the time of the tax sale, and that 'you are not required to pay, or be represented by, any third party in order to claim excess funds.'
  • The Cherokee Tribune (Canton) is the county's official legal organ per the Georgia Press Association's 2026 legal organ list.

We help former homeowners throughout Cherokee County, including Woodstock, Canton, Holly Springs, Ball Ground, Waleska, Nelson.

Related guides

Nearby counties: Bibb County, Chatham County, Clayton County, Cobb County, DeKalb County, Forsyth County, or see all of Georgia.

Cherokee County questions

Straight answers, before you ask.

The county publishes its official list at https://www.cherokeecountyga.gov/tax-commissioners-office/property-tax/excess-funds/ (records request). Not finding your name doesn't always mean no money exists. Lists update periodically, so confirm by calling the Cherokee County Tax Commissioner at (678) 493-6400, or request a free record check from us.

Tax-sale excess funds are held by the Cherokee County Tax Commissioner (per publicly available Georgia statute O.C.G.A. § 48-4-5). Mortgage-foreclosure surplus starts with the foreclosing lender's attorney and, if disputed, is deposited with the Superior Court. You can confirm directly with the county at (678) 493-6400, and we encourage it.

According to O.C.G.A. § 48-4-5, tax-sale excess funds unclaimed for five years are sent to the Georgia Department of Revenue, after which recovery requires a court order. The earlier you act, the simpler the claim. Confirm your sale date with the county and see our deadline guide.

Most Georgia counties accept claim forms only from the owner or a licensed attorney representing the owner, not from recovery firms or power-of-attorney holders. That is exactly how we work: a licensed Georgia attorney files your claim, with no upfront costs to you.

Yes. You never need to pay anyone to find out if money exists or to file a claim. The county process is free apart from routine court costs. Our guide on claiming surplus funds yourself walks through it. Where claims get complicated (a deceased owner, competing liens, missed notices), our attorneys handle everything with no upfront costs, and you pay nothing unless money is recovered.

Heirs can usually claim, but the money is treated as part of the estate, so counties and courts typically require probate paperwork before paying anyone. See our guide for heirs. This is one of the situations where attorney help matters most, and ours costs nothing upfront.

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