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Surplus funds in Georgia.

When a property in Georgia sells at a tax sale or a foreclosure sale for more than what was owed, the extra can belong to the former owner. Here is who holds it, the law behind it, and every county office linked so you can check for yourself, free.

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Foreclosure sales here

Non-judicial, trustee or power-of-sale.

Our fee here

Tax-sale surplus: up to 25% of what you receive, shown in writing before you sign, $0 upfront, only if you are paid. We don't offer paid help for foreclosure surplus; you can claim it yourself, free.

Tax sale surplus

Excess funds from a Georgia tax sale are held by the officer who held the sale (the tax commissioner, tax collector or sheriff) under O.C.G.A. §48-4-5. Within 30 days after the sale, that officer must mail notice to the record owner, security-deed holders and other recorded interest holders, and the funds are paid to them as their interests appear. If claims compete, the officer may file an interpleader action in superior court. After five years, unclaimed funds go to the Department of Revenue, and from then on they can be released only by a court order from an interpleader action filed in the county where the sale occurred (O.C.G.A. §48-4-5(c)). Many tax commissioners publish excess-funds lists. Some counties limit who may file: DeKalb accepts claims only from the entitled party or their Georgia-licensed attorney and does not accept powers of attorney; Chatham will not deal with recovery firms or power-of-attorney holders and asks claimants to submit directly; Cobb interpleads all excess funds into Cobb County Superior Court; and Fulton says its practice is to file an interpleader action in Superior Court, which distributes the excess funds. Check the county's excess-funds page before filing. Where a county deals only with you or your attorney, you file yourself or hire your own attorney; we can walk you through filing yourself.

Foreclosure surplus

Foreclosure type
Non judicial
Who holds the surplus

The foreclosing lender (secured creditor) or its foreclosure attorney who conducted the power-of-sale auction; if claims conflict, it may pay the surplus into the superior court through an interpleader action.

Most Georgia foreclosures are non-judicial power-of-sale auctions held on the first Tuesday of the month. Sale money pays the foreclosed debt, and any lien with priority over it, first. O.C.G.A. 44-14-190 then says that when there is a surplus after paying off the mortgage and other liens, 'the surplus shall be paid to the mortgagor or his agent.' Georgia law sets no claim form: the former owner asks the foreclosing lender or its attorney, in writing, for the surplus. If claims compete, the holder can ask a superior court to decide who is paid (interpleader). No statutory claim deadline was found; funds left unclaimed may eventually be reported as unclaimed property.

Fees and assignments. No Georgia statute was found that caps fees for recovering foreclosure surplus while the lender, its attorney or a court holds it. Once money is reported to the State as unclaimed property, a claimant's representative must use the State's Unclaimed Property Recovery Agreement or Purchase Agreement form, and fees under a Recovery Agreement may not exceed 30 percent of the claim (O.C.G.A. 44-12-224). Since July 1, 2024 the Department of Revenue says every locator must register with it ($1,200, with a limit of 15 claims), and its recovery-agreement form says the 30% cap does not apply where a court order is required (DOR form UP-CDR2).

Published surplus lists

These official Georgia pages publish lists or lookups of unclaimed surplus or excess proceeds. If your name or parcel appears, the office that runs the list can tell you how to claim, free.

Lists change often and may be out of date. Checked October 2026.

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Every Georgia county office(159)

Surplus is public record. Call the office that held the sale with the parcel or case number; in most places it will confirm whether a surplus exists, how much, and the deadline. Self-filing is free. Each entry links the county's tax office and court clerk where the directory lists them, plus the full set of county offices.

Each dot is a county below. Pick one from the list to see it up close.© OpenStreetMap contributors

What we do, and your other options

Filing yourself, your own attorney, or us. Our fee in Georgia is above.

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Check this yourself

This page is plain-language orientation, not legal advice. Statutes were checked against official sources in October 2026, and county links come from the NETR public-records directory, an independent resource. Laws and county procedures change, so confirm with the office before you rely on any of it. You can always file a claim yourself with no recovery fee (a court or notary may charge a small fee).