Answer

When Cobb County, Georgia sells a property at a tax sale for more than the taxes, interest and costs owed, the difference is called excess funds (the lists also say “excess proceeds” or “surplus funds”). The Cobb County Tax Commissioner, Property Tax Division (Levy office) holds that money, and the former owner of record and anyone who held a recorded security deed or lien at the time of the sale may claim it, in order of priority, under O.C.G.A. § 48-4-5. This page covers where the Cobb County excess funds list is published, how to read it, how the county’s claim process works, and when a Georgia-licensed attorney changes the outcome.

Where to find the Cobb County excess funds list

The Cobb County Tax Commissioner, Property Tax Division (Levy office) publishes the list. Cobb posts a PDF of accounts from its tax sales, updated monthly, reached from the “Excess Funds List” link on the delinquent taxes page. The copy checked on October 20, 2026 was headed September 30, 2026 and ran to about 30 entries. The direct link may change when the list is refreshed; if it is stale, use the county page.

How to read the list

  • Parcel or PIN. The tax parcel number. In Cobb County this is the surest way to match a line to a property; owner names are sometimes missing or spelled as they were on the tax record.
  • Owner or defendant. The name on the tax record when the property was sold. It tells you who the county mailed notice to, not who is entitled to the money: a lender or lienholder may stand ahead of that person.
  • Sale date. The tax sale at which the property sold. Georgia tax sales are held on the first Tuesday of the month (or the next business day when that is a holiday), so the date also tells you how long the money has been sitting.
  • Amount. The excess the county recorded after the taxes and costs were paid. It can shrink before it reaches you: later claims, court costs and an interpleader all come out first.

An entry on the list is not a finding that any particular person is owed money. It means the county is holding funds from that sale and has not yet paid them out.

Who can claim excess funds in Cobb County

Under O.C.G.A. § 48-4-5, excess funds are paid to the owner and the interest holders “as their interests appear in the order of priority in which their interests exist.” In plain terms: a lender with a recorded security deed, and other recorded lienholders, are paid before the former owner, and the former owner receives what is left. Within 30 days of the sale the officer who conducted it must send notice by first-class mail to the owner of record and to the holders of recorded interests, stating that excess funds are available, which is why a letter from the county is often the first a former owner hears of the money.

In Cobb County every claim ends up before a judge: the county interpleads the funds into the Superior Court of Cobb County rather than paying claims itself, so the practical work is a court filing, not a form.

How the claim process works in Cobb County

Each county runs its own paperwork. From the Cobb County office’s own page:

  • Cobb’s stated policy is that excess funds, including future ones, are interpleaded into the Cobb County Superior Court; the county does not decide competing claims itself.
  • A Request for Excess Funds packet (with an online form) is linked from the same page. The county says requests are answered within one to three business days, and to call the Levy office at (770) 528-8623 if there is no response after three business days.

Cobb’s page says: “You do not have to pay an asset recovery firm to claim your excess funds!” That is the county’s own position, and it is right: the forms are free, and you do not have to pay a recovery company, or sign over part of the money, to file.

Deadlines and timing

There is no short filing deadline with the county, but the money does not wait forever. Under O.C.G.A. § 48-4-5, excess funds that are still unclaimed five years after the sale, with no claim or court action pending, are paid over to the Georgia Department of Revenue, and after that they are released only by court order in an interpleader action. In the meantime a lender’s claim, a competing claim, or an interpleader can reduce or exhaust what is left for the former owner, so waiting narrows the options.

If the sale was recent, the former owner may also still hold the right to redeem the property. That is a separate decision with its own clock, and the two questions interact, which is one reason to get advice early. See Cobb County tax sale redemption rights.

This is not the same as mortgage foreclosure surplus

Tax sale excess funds are held by the Cobb County Tax Commissioner, Property Tax Division (Levy office) under O.C.G.A. § 48-4-5. Surplus from a mortgage foreclosure is a different process: the foreclosing attorney holds it, the distribution follows the security deed, and the money is usually interpleaded into superior court rather than claimed on a county form. Different holder, different paperwork. If your home was sold by a lender rather than for unpaid taxes, see Foreclosure surplus funds recovery in Cobb County.

When to involve a Georgia attorney

Most of what goes wrong with an excess funds claim is paperwork and priority: the county needs a notarized affidavit and a title certificate it will accept, a lender or a second claimant appears, or the funds have already gone to the Superior Court of Cobb County and the claim has to be made by motion. A Georgia-licensed attorney can confirm who is entitled and in what order, assemble the title work and affidavits the county requires, respond to a competing claim, and appear in court if the funds are interpleaded. Cruz Law Firm is admitted in Georgia and handles tax sale excess funds and redemption matters in Cobb County; contact the firm to talk through where your claim stands.

Tax sale schedule in Cobb County

Cobb County tax sales are held on the first Tuesday of the month, in the months a sale is scheduled, at Superior Court Plaza in Marietta between 10 a.m. and 4 p.m.; a holiday moves the sale to the first Wednesday.

This page is general information about Georgia law as it applies in Cobb County, Georgia. It is not legal advice, and reading it does not create an attorney-client relationship.

Important information

Attorney advertising. Responsible attorney: Christian Cruz, Esq., Georgia Bar Number 238836. Office: CRUZ LAW FIRM, 160 W Camino Real, 589, Boca Raton, FL, 33432.

This page is general information about Georgia law, not legal advice. Reading it does not create an attorney-client relationship, and no such relationship is formed until we have a signed written agreement.

Fee arrangements depend on the posture of the matter and are set out in a written agreement before any work begins. We are glad to explain how fees would work in your situation when we speak.

FAQ

Is the Cobb County excess funds list free?

Yes. The Cobb County Tax Commissioner, Property Tax Division (Levy office) publishes it on the county website at no charge, and the claim form is free as well. Nobody needs to be paid to see the list.

Do I have to hire someone to claim excess funds in Cobb County?

No. You may file on your own. Cobb County sends every claim to the Superior Court, though, so the claim is a court filing rather than a county form, and many former owners choose to have a Georgia attorney prepare it.

My name is on the list but I had a mortgage. Do I still get the money?

Possibly, but not first. Under O.C.G.A. § 48-4-5 the funds are paid to the owner and interest holders as their interests appear in order of priority, so a lender with a recorded security deed, or another lienholder, is paid before the former owner. What is left after those claims belongs to the former owner.

How long do I have to claim excess funds from a Georgia tax sale?

There is no short county deadline, but under O.C.G.A. § 48-4-5 funds still unclaimed five years after the sale, with no claim or court action pending, are paid over to the Georgia Department of Revenue and then released only by court order. Competing claims can exhaust the money sooner. Filing early keeps more options open.

Is this the same as surplus from a mortgage foreclosure?

No. Tax sale excess funds are held by the Cobb County Tax Commissioner, Property Tax Division (Levy office). Mortgage foreclosure surplus is held by the foreclosing attorney and usually ends up in superior court. The holder, the forms and the process are different, so start from which kind of sale took your property.