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

If a home in Henry County (county seat: McDonough) 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 Henry County, Georgia, excess funds from a tax sale are held by the Clerk of Superior Court (the Tax Commissioner interpleads ALL excess funds to the 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) 288-8022.
Mortgage foreclosure surplus
Foreclosing attorney/lender first; disputed funds deposited with the Clerk of Superior Court (interpleader)
Tax sale excess funds
Clerk of Superior Court (the Tax Commissioner interpleads ALL excess funds to the court)
County phone
(770) 288-8022
Cost to check yourself
$0. It's public record
How sales happen
Judicial in rem tax sales conducted by the Tax Commissioner at its own office at 140 Henry Parkway — not the courthouse steps; Sheriff's sales and mortgage foreclosure auctions run first Tuesday between 10 AM and 4 PM at the courthouse steps
Our cost to you upfront
$0. Attorney and filing costs are on us

Is there a Henry 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 Clerk of Superior Court (the Tax Commissioner interpleads ALL excess funds to the court) at (770) 288-8022 and ask directly, or have us check the record for you free.

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

Judicial in rem tax sales conducted by the Tax Commissioner at its own office at 140 Henry Parkway — not the courthouse steps; Sheriff's sales and mortgage foreclosure auctions run first Tuesday between 10 AM and 4 PM at the courthouse steps. First Tuesday of the month, 10:00 AM. Location: Tax sales: 140 Henry Parkway, McDonough, GA 30253. Sheriff's and foreclosure sales: courthouse steps, 1 Courthouse Square, McDonough, GA 30253. Sale listings and results are public. See the official Henry 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: Henry County foreclosure sales: schedule and results.

How to check if you're owed money from a Henry 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 Henry 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) 288-8022. 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 Henry County

Henry County foreclosures happen outside of court on the courthouse steps, so the leftover money starts with the law firm that ran the sale — the firm named in your foreclosure notices and on the deed under power recorded afterward. Under O.C.G.A. 44-14-190 the surplus after the lender and priority liens are paid belongs to you. If the firm cannot determine who should be paid, it deposits the money with Henry County Superior Court — call the Clerk at (770) 288-8022 and ask whether an interpleader case names you or your old property.

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) 288-8022. We encourage it.

How tax-sale excess funds work in Henry County

Henry County works differently from most Georgia counties: the Tax Commissioner's office states it 'does not hold excess funds, nor do we distribute' — every dollar is turned over (interpleaded) to the Clerk of Superior Court. To claim, you file a motion with the court and wait for a judge to review your eligibility; if approved, your check comes from the court. No county office provides a claim form for this — the Tax Commissioner, Clerk, and court all say so — which is why many owners here work with an attorney, though you can file the motion yourself. Questions about the excess funds list: (770) 288-8180, option 3.

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 Clerk of Superior Court (the Tax Commissioner interpleads ALL excess funds to the court) at (770) 288-8022.

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 Henry County

  • Henry County's Tax Commissioner interpleads ALL tax-sale excess funds to the Clerk of Superior Court — claiming requires filing a motion in court, and 'neither the Tax Commissioner's office nor the Clerk of Superior Court have control over the time it will take for the Judge to review.'
  • No Henry County office provides an excess-funds claim form — the Tax Commissioner's page states that neither it, the Clerk of Superior Court, nor the Civil Court supplies one.
  • Henry runs judicial-in-rem tax sales at the Tax Commissioner's own building (140 Henry Parkway, McDonough) at 10 AM, separate from Sheriff's sales at the courthouse steps at 1 Courthouse Square.
  • The county publishes separate excess-funds lists for real property and mobile homes, and warns it does not update the list to verify whether funds are still available.
  • The county's official legal organ is the Henry Herald (McDonough); there are two tag/tax offices, in McDonough (140 Henry Parkway) and Stockbridge (164 Burke Street), both at (770) 288-8180.

We help former homeowners throughout Henry County, including Stockbridge, McDonough, Locust Grove, Hampton.

Related guides

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

Henry County questions

Straight answers, before you ask.

The county publishes its official list at https://ga-henrycountytaxcollector.civicplus.com/DocumentCenter/View/296 (pdf). Not finding your name doesn't always mean no money exists. Lists update periodically, so confirm by calling the Clerk of Superior Court (the Tax Commissioner interpleads ALL excess funds to the court) at (770) 288-8022, or request a free record check from us.

Tax-sale excess funds are held by the Clerk of Superior Court (the Tax Commissioner interpleads ALL excess funds to the 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) 288-8022, 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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