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

If a home in Clayton County (county seat: Jonesboro) 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 Clayton County, Georgia, excess funds from a tax sale are held by the Clayton 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 (770) 477-3311.
Mortgage foreclosure surplus
Foreclosing attorney/lender first; disputed funds deposited with the Clerk of Superior Court (interpleader)
Tax sale excess funds
Clayton County Tax Commissioner
County phone
(770) 477-3395
Cost to check yourself
$0. It's public record
How sales happen
In-person tax sale conducted by the Tax Commissioner with an online bidder pre-registration form; sale listings posted as PDFs on the county's Public Access portal and advertised in the Clayton News, the county's legal organ. Georgia law (O.C.G.A. 9-13-161) sets first-Tuesday courthouse sales between 10 AM and 4 PM.
Our cost to you upfront
$0. Attorney and filing costs are on us

Is there a Clayton County excess funds list?

Yes. The county publishes its official excess funds list here (pdf). 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 Clayton County Tax Commissioner at (770) 477-3311 and ask directly, or have us check the record for you free.

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

In-person tax sale conducted by the Tax Commissioner with an online bidder pre-registration form; sale listings posted as PDFs on the county's Public Access portal and advertised in the Clayton News, the county's legal organ. Georgia law (O.C.G.A. 9-13-161) sets first-Tuesday courthouse sales between 10 AM and 4 PM.. First Tuesday of the month when parcels are listed (sales listed for July 7, 2026 and August 2026). Sale listings and results are public. See the official Clayton 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: Clayton County foreclosure sales: schedule and results.

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

  1. Look up your foreclosure case for free: GSCCCA Real Estate Index (official statewide deed records). Search by your name and note the case number and sale amount.
  2. Check the county's official excess funds list: view the Clayton County list (PDF). Look for your name or the property address.
  3. Call the county directly: the Foreclosing attorney/lender first; disputed funds deposited with the Clerk of Superior Court (interpleader) at (770) 477-3395 or the Clayton County Tax Commissioner at (770) 477-3311. 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 Clayton County

Because Georgia foreclosures are non-judicial, the leftover money from a Clayton County foreclosure sale starts with the law firm that conducted the auction — its name is on the foreclosure notices you received and on the deed under power recorded after the sale. Under O.C.G.A. 44-14-190 the surplus after the lender and priority liens are paid belongs to you. If competing claims exist, the firm deposits the money with Clayton County Superior Court at the Harold R. Banke Justice Center — call the Clerk at (770) 477-3395 to ask whether an interpleader case involves your old address.

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 (770) 477-3395. We encourage it.

How tax-sale excess funds work in Clayton County

Fill out the one-page 'Official Claim for Excess Funds' and submit it to the Tax Commissioner at 121 S. McDonough Street, Annex 3, Jonesboro, GA 30236. If you are the former property owner, Clayton County requires a copy of your deed PLUS a Certificate of Title dated within 60 days of the request showing the property was free and clear of mortgages and liens — the form states requests without it will not be considered. The form also warns claimants not to staple documents. Call (770) 477-3311 with questions; office hours are 8 AM to 5 PM, Monday-Friday.

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 Clayton County Tax Commissioner at (770) 477-3311.

Official form: Official Claim for Excess Funds.

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 Clayton County

  • Former owners face Clayton's strictest documentation rule: a Certificate of Title dated within 60 days proving the property was free of mortgages and liens is mandatory, or the excess-funds request 'will not be considered.'
  • The excess funds list is published as a PDF (file DQ759GA.pdf) on the Tax Commissioner's Public Access portal, alongside monthly tax sale listings.
  • Tax sale bidders must pre-register through an online county form (claytoncountyforms.claytoncountyga.gov).
  • The county's official legal organ is the Clayton News (Jonesboro), where tax sale advertisements run.
  • The Tax Commissioner (Danielle H. Smith) sits in Annex 3 at 121 S. McDonough Street, while the Superior Court — where disputed surplus ends up — is at the Harold R. Banke Justice Center on Tara Blvd.

We help former homeowners throughout Clayton County, including Forest Park, Riverdale, Lovejoy, Morrow, Jonesboro, Lake City.

Related guides

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

Clayton County questions

Straight answers, before you ask.

The county publishes its official list at https://publicaccess.claytoncountyga.gov/content/PDF/DQ759GA.pdf (pdf). Not finding your name doesn't always mean no money exists. Lists update periodically, so confirm by calling the Clayton County Tax Commissioner at (770) 477-3311, or request a free record check from us.

Tax-sale excess funds are held by the Clayton 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 (770) 477-3311, 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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