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

If a home in Fulton County (county seat: Atlanta) 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 Fulton County, Georgia, excess funds from a tax sale are held by the Fulton County Sheriff's Office (conducts tax sales and processes excess-funds claims — not the 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 (404) 612-4000.
Mortgage foreclosure surplus
Foreclosing attorney / lender (non-judicial sale); disputed funds interpleaded to Fulton County Superior Court
Tax sale excess funds
Fulton County Sheriff's Office (conducts tax sales and processes excess-funds claims — not the Tax Commissioner)
County phone
(404) 613-5313
Cost to check yourself
$0. It's public record
How sales happen
In-person auction on the courthouse steps, first Tuesday, conducted by the Fulton County Sheriff's Office
Our cost to you upfront
$0. Attorney and filing costs are on us

Is there a Fulton 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 Fulton County Sheriff's Office (conducts tax sales and processes excess-funds claims — not the Tax Commissioner) at (404) 612-4000 and ask directly, or have us check the record for you free.

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

In-person auction on the courthouse steps, first Tuesday, conducted by the Fulton County Sheriff's Office. First Tuesday of the month, 10 a.m.–4 p.m. (not every month has a sale; if a holiday, the next business day). Location: Fulton County Courthouse steps, 136 Pryor Street SW, Atlanta, GA 30303. Sale listings and results are public. See the official Fulton 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: Fulton County foreclosure sales: schedule and results.

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

  1. Look up your foreclosure case for free: Fulton County Superior Court case search (Tyler Odyssey portal, via fultonclerk.org Records Search Center). Search by your name and note the case number and sale amount.
  2. Check the county's official excess funds list: view the Fulton County list (Records Request). Look for your name or the property address.
  3. Call the county directly: the Foreclosing attorney / lender (non-judicial sale); disputed funds interpleaded to Fulton County Superior Court at (404) 613-5313 or the Fulton County Sheriff's Office (conducts tax sales and processes excess-funds claims — not the Tax Commissioner) at (404) 612-4000. 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 Fulton County

Georgia mortgage foreclosures are non-judicial, so there is no court case to look up at first — the leftover money (surplus) starts with the law firm that ran the sale for the lender. That firm's name is on your foreclosure letters and on the sale ad published in the South Fulton Neighbor, Fulton County's legal newspaper since January 1, 2024. Ask the firm in writing for an accounting of the sale and payment of your surplus; if competing claims exist, the firm deposits the money with Fulton County Superior Court (an interpleader) and you file your claim in that case. You can search Fulton Superior Court records free at the Tyler Odyssey portal or call the Clerk at (404) 613-5313.

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 (404) 613-5313. We encourage it.

How tax-sale excess funds work in Fulton County

Fulton is unusual: the Sheriff's Office — not the Tax Commissioner — runs tax sales and pays out excess funds. Claims must be submitted in person at 185 Central Ave., 9th Floor, Atlanta (no fax or email accepted), with a notarized excess-funds affidavit, a notarized Indemnification and Hold Harmless Agreement, photo ID, and a 50-year title certificate showing your interest as of the sale date. The excess-funds list is not posted online — request it free through the Fulton County Open Records Center (choose "Sheriff" as the department). It costs nothing to claim yourself; call (404) 612-4000 to verify any step.

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 Fulton County Sheriff's Office (conducts tax sales and processes excess-funds claims — not the Tax Commissioner) at (404) 612-4000.

Official form: Tax Sales – Excess Funds Application (notarized affidavit + Indemnification and Hold Harmless Agreement).

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 Fulton County

  • Tax sales and excess-funds claims run through the Sheriff's Office, not the Tax Commissioner — a Fulton-only quirk that trips up most generic guides.
  • Excess-funds claims are accepted in person only (no fax or email) and require a notarized affidavit, a notarized hold-harmless agreement, photo ID, and a 50-year title certificate.
  • The excess-funds list is not posted online; it is released through the Fulton County Open Records Center and shows only sale number, parcel ID, and amount — no owner names or addresses.
  • Fulton County's legal organ changed on January 1, 2024 from the Fulton County Daily Report to the South Fulton Neighbor — foreclosure sale ads now run there.
  • The Sheriff may rescind a tax sale within 30 days of the sale with a full refund to the purchaser, so payouts never start immediately.

We help former homeowners throughout Fulton County, including Atlanta, Sandy Springs, South Fulton, Roswell, Johns Creek, Alpharetta.

Related guides

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

Fulton County questions

Straight answers, before you ask.

The county publishes its official list at https://fultoncountyga.gov/inside-fulton-county/fulton-county-departments/office-of-the-county-attorney/open-records-requests (records request). Not finding your name doesn't always mean no money exists. Lists update periodically, so confirm by calling the Fulton County Sheriff's Office (conducts tax sales and processes excess-funds claims — not the Tax Commissioner) at (404) 612-4000, or request a free record check from us.

Tax-sale excess funds are held by the Fulton County Sheriff's Office (conducts tax sales and processes excess-funds claims — not the 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 (404) 612-4000, 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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