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

If a home in Forsyth County (county seat: Cumming) 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 Forsyth County, Georgia, excess funds from a tax sale are held by the Forsyth 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) 781-2110.
Mortgage foreclosure surplus
Foreclosing lender's attorney; disputed surplus interpleaded to Forsyth County Superior Court (Clerk of Superior, State & Juvenile Courts)
Tax sale excess funds
Forsyth County Tax Commissioner
County phone
(770) 781-2120
Cost to check yourself
$0. It's public record
How sales happen
First Tuesday of the month, courthouse steps, between the legal sale hours of 10 a.m. and 4 p.m.
Our cost to you upfront
$0. Attorney and filing costs are on us

Is there a Forsyth County excess funds list?

Yes. The county publishes its official excess funds list here (web page). 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 Forsyth County Tax Commissioner at (770) 781-2110 and ask directly, or have us check the record for you free.

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

First Tuesday of the month, courthouse steps, between the legal sale hours of 10 a.m. and 4 p.m.. Only in months with a scheduled sale, advertised in the Tuesday edition of the Forsyth County News for four consecutive weeks beforehand; the Tax Commissioner reports all 2026 tax sales completed as of July 2026. Location: Forsyth County Courthouse, 101 East Courthouse Square, Cumming, GA 30040. Sale listings and results are public. See the official Forsyth 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: Forsyth County foreclosure sales: schedule and results.

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

  1. Look up your foreclosure case for free: Forsyth County Clerk of Courts property index search (find the deed recorded after your foreclosure sale). Search by your name and note the case number and sale amount.
  2. Check the county's official excess funds list: view the Forsyth County list (Web Page). Look for your name or the property address.
  3. Call the county directly: the Foreclosing lender's attorney; disputed surplus interpleaded to Forsyth County Superior Court (Clerk of Superior, State & Juvenile Courts) at (770) 781-2120 or the Forsyth County Tax Commissioner at (770) 781-2110. 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 Forsyth County

Georgia foreclosures happen outside of court, so any leftover money from the sale starts with the law firm that ran the foreclosure — not a county office. Send that firm a written request for the surplus; its name is on your foreclosure letters and on the deed recorded after the sale. If more than one party claims the money, the firm deposits it with the Forsyth County Superior Court and a judge decides who is paid — the Clerk's office at (770) 781-2120 (clerkofcourt@forsythco.com) can tell you whether such a case was filed. You can look up the deed from your sale free through the Clerk's online property index search.

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) 781-2120. We encourage it.

How tax-sale excess funds work in Forsyth County

The Tax Commissioner holds the extra money from a tax sale in escrow and posts a live list online showing each parcel, sale date, and the exact excess amount. Forsyth County has no official claim form — you submit a written, signed, and notarized claim with a copy of your photo ID, and the office strongly encourages a certified title report. Claims go to Tax Commissioner David D. Hicks (ddhicks@forsythco.com, 770-781-2112). Money unclaimed five years after the sale date is turned over to the Georgia Department of Revenue's Unclaimed Property Division.

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 Forsyth County Tax Commissioner at (770) 781-2110.

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 Forsyth County

  • Forsyth County has no official excess-funds claim form — the Tax Commissioner accepts a written, signed, notarized claim with photo ID and strongly encourages attaching a certified title report.
  • The county publishes a live excess funds list as a web table on forsythcountytax.com (sale date, parcel, defendant, excess amount), updated as claims are settled and new sales occur.
  • Conflicting claims are resolved by an interpleader action in Forsyth County Superior Court, and the Tax Commissioner's page notes attorney fees and court costs are deducted from the excess funds first.
  • The Tax Commissioner's page states third-party recovery agreements are unenforceable for 24 months after the funds are first placed in escrow, fees are capped at 10% of the amount recovered, and funds are paid directly to the owner — never to a recovery firm.
  • The Forsyth County News (Cumming) is the county's official legal organ per the Georgia Press Association's 2026 legal organ list.

We help former homeowners throughout Forsyth County, including Cumming, Coal Mountain, Silver City, Chestatee, Matt.

Related guides

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

Forsyth County questions

Straight answers, before you ask.

The county publishes its official list at https://forsythcountytax.com/excess-funds-listing-2/ (web page). Not finding your name doesn't always mean no money exists. Lists update periodically, so confirm by calling the Forsyth County Tax Commissioner at (770) 781-2110, or request a free record check from us.

Tax-sale excess funds are held by the Forsyth 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) 781-2110, 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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