Georgia surplus funds list

Georgia surplus funds rules

Sales that create surplus

tax sale (sheriff/tax commissioner tax-execution sale with 12-month redemption; non-judicial power-of-sale mortgage foreclosure (surplus held by foreclosing lender/attorney; HOA/POA lien foreclosure (how surplus is handled

Who holds the money

The officer who ran the tax sale: the county tax commissioner in most counties, the sheriff in some (Fulton County excess funds are held by the Sheriff's Office). For mortgage foreclosures, the foreclosing party or its attorney holds the surplus.

Unclaimed funds go to

After 5 years with no claim or pending action, the excess goes to the Georgia Department of Revenue Unclaimed Property Program. Once there, it is released only on a court order from an interpleader action the claimant files in the county of the tax sale (48-4-5).

How owners claim

File the county's written excess-funds claim form, usually notarized, with ID and proof of interest (record owner at the time of sale, security-deed holders, or other recorded interests, paid in order of priority). The officer must mail notice within 30 days after the sale and may file an interpleader in superior court if claims conflict. — deadline: No fixed deadline while the county holds the funds; after 5 years they go to DOR (court order needed to get them back).

Agent / finder fee cap

None in 48-4-5 (text current as of 2024 checked). After the funds pass to DOR Unclaimed Property, the locator fee is capped at 10%. verify

Waiting period

None for county-held excess. For property delivered to DOR, finder agreements are reportedly unenforceable for 24 months after delivery (, secondary source). verify

Registration

None for county excess. Counties often refuse third parties: Athens-Clarke accepts claims only from Georgia-licensed attorneys, and Chatham does not recognize asset-recovery firms or POA holders. DOR registers Claimant Designated Representatives. verify

Getting the list

County by county. Gwinnett posts a downloadable all-years PDF list. Fulton releases its list (sale #, parcel, amount; no owner names) only through an open records request to the Sheriff. DeKalb's tax commissioner has an Excess Funds page (dekalbtax.org); list contents . DOR says counties post tax sale overage lists on their own websites. Otherwise, use a Georgia Open Records Act request. verify

Law: O.C.G.A. 48-4-5; Disposition of Unclaimed Property Act, O.C.G.A. 44-12-190 et seq. · confirm details with the county; rules change.