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

If a home in Cobb County (county seat: Marietta) 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 Cobb County, Georgia, excess funds from a tax sale are held by the Cobb County Tax Commissioner — Property Tax Division (Levy office); funds interpleaded to Cobb County Superior Court, 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) 528-8623.
Mortgage foreclosure surplus
Foreclosing attorney / lender (non-judicial sale); disputed funds interpleaded to Cobb County Superior Court
Tax sale excess funds
Cobb County Tax Commissioner — Property Tax Division (Levy office); funds interpleaded to Cobb County Superior Court
County phone
(770) 528-1300
Cost to check yourself
$0. It's public record
How sales happen
In-person auction on the Superior Courthouse steps, first Tuesday, conducted by the Tax Commissioner; moves to the first Wednesday if Tuesday is a holiday
Our cost to you upfront
$0. Attorney and filing costs are on us

Is there a Cobb County excess funds list?

Yes. The county publishes its official excess funds list here (spreadsheet). 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 Cobb County Tax Commissioner — Property Tax Division (Levy office); funds interpleaded to Cobb County Superior Court at (770) 528-8623 and ask directly, or have us check the record for you free.

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

In-person auction on the Superior Courthouse steps, first Tuesday, conducted by the Tax Commissioner; moves to the first Wednesday if Tuesday is a holiday. First Tuesday of months when a sale is planned — only a few per year (2026: May 5 and November 3), 10 a.m.–4 p.m.. Location: Superior Court Plaza at Flournoy Park, corner of Haynes Street and Washington Avenue, Marietta, GA. Sale listings and results are public. See the official Cobb 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: Cobb County foreclosure sales: schedule and results.

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

  1. Look up your foreclosure case for free: Cobb County Superior Court Clerk records search (court and real estate records). Search by your name and note the case number and sale amount.
  2. Check the county's official excess funds list: view the Cobb County list (Spreadsheet). Look for your name or the property address.
  3. Call the county directly: the Foreclosing attorney / lender (non-judicial sale); disputed funds interpleaded to Cobb County Superior Court at (770) 528-1300 or the Cobb County Tax Commissioner — Property Tax Division (Levy office); funds interpleaded to Cobb County Superior Court at (770) 528-8623. 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 Cobb County

A Cobb County mortgage foreclosure is handled outside of court, so any leftover money starts with the lender's foreclosure law firm — the firm named in your notices and in the sale ad published in the Marietta Daily Journal, Cobb's legal newspaper. Write to that firm and request an accounting of the sale and payment of the surplus owed to you under Georgia law. If claims conflict, the firm deposits the money with Cobb County Superior Court and you file your claim in that interpleader case; search case and deed records through the Superior Court Clerk's records-search portal or call (770) 528-1300.

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) 528-1300. We encourage it.

How tax-sale excess funds work in Cobb County

Cobb posts an Excess Funds List (Excel spreadsheet, updated monthly) and a free Excess Funds Request Packet on cobbtax.gov, and answers excess-funds requests within 1–3 business days. There is no fee to claim — the office itself warns: "You do not have to pay an asset recovery firm to claim your excess funds!" Cobb's stated practice is to interplead excess funds to Cobb County Superior Court, where a judge decides who gets paid, so your claim may finish with a court order rather than a county check. Questions: Levy office (770) 528-8623 or tax@cobbtax.gov.

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 Cobb County Tax Commissioner — Property Tax Division (Levy office); funds interpleaded to Cobb County Superior Court at (770) 528-8623.

Official form: Excess Funds Request Packet.

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 Cobb County

  • Cobb answers excess-funds requests within 1–3 business days — unusually fast for metro Atlanta; if you hear nothing after 3 days, call the Levy office at (770) 528-8623.
  • The excess-funds list is an Excel spreadsheet updated monthly, and parcels whose funds have already been fully paid out are shaded on the list.
  • Cobb interpleads excess funds to Cobb County Superior Court, so entitlement is ultimately decided by a judge rather than by the Tax Commissioner's office.
  • Unclaimed excess funds dated before June 30, 2012 were transferred to the Georgia Department of Revenue under the Disposition of Unclaimed Property Act — older claims must go through the state, not the county.
  • Only about two tax sales are planned per year (2026: May 5 and November 3), advertised in the Marietta Daily Journal — Cobb's legal organ — for four Fridays before each sale.

We help former homeowners throughout Cobb County, including Mableton, Marietta, Smyrna, Kennesaw, Acworth, Powder Springs.

Related guides

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

Cobb County questions

Straight answers, before you ask.

The county publishes its official list at https://www.cobbtax.gov/property/delinquent_taxes/index.php#ExcessFundsList (spreadsheet). Not finding your name doesn't always mean no money exists. Lists update periodically, so confirm by calling the Cobb County Tax Commissioner — Property Tax Division (Levy office); funds interpleaded to Cobb County Superior Court at (770) 528-8623, or request a free record check from us.

Tax-sale excess funds are held by the Cobb County Tax Commissioner — Property Tax Division (Levy office); funds interpleaded to Cobb County Superior Court (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) 528-8623, 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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