Answer

When Fulton 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 Fulton County Sheriff (Property Tax unit) 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 Fulton 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 Fulton County excess funds list

Fulton County does not post its excess funds list on the web. The Sheriff releases it through an open records request; the list shows the sheriff sale number, the parcel ID and the excess amount only. Owner names and mailing addresses are not included, so you match it by parcel.

Ask for it through the county open records portal (choose the Sheriff as the department). The Sheriff’s own help page, “How do I request a list of Excess Tax Funds?”, at fcsoga.org explains the steps.

How to read the list

  • Parcel or PIN. The tax parcel number. In Fulton 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 Fulton 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.

When more than one person claims the same funds, or the right to them is unclear, the county may interplead the money into the Superior Court of Fulton County and let a judge decide who is paid.

How the claim process works in Fulton County

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

  • The Sheriff’s page lists the required documents: a notarized excess funds affidavit, a notarized Excess Funds Indemnification and Hold Harmless Agreement, a 50-year title certificate showing the claimant’s ownership interest, and a photo ID.
  • Claims are submitted to the Sheriff’s Office, 185 Central Ave., 9th Floor, Atlanta, GA 30303, Attention: Property Tax; the page says no faxes or emails.
  • An attorney may represent a claimant with signed documentation from the claimant.

You do not have to pay a recovery company, or sign over part of the money, to file a claim with Fulton County: the forms are free from the county and the county pays the entitled party directly.

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 Fulton County tax sale redemption rights.

This is not the same as mortgage foreclosure surplus

Tax sale excess funds are held by the Fulton County Sheriff (Property Tax unit) 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 Fulton 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 Fulton 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 Fulton County; contact the firm to talk through where your claim stands.

Tax sale schedule in Fulton County

Fulton County tax sales are held on the first Tuesday of each month between 10 a.m. and 4 p.m., conducted by the Sheriff; when that Tuesday is a holiday the sale moves to the next business day.

This page is general information about Georgia law as it applies in Fulton 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 Fulton County excess funds list free?

Yes, the information is public. Fulton County does not post the list online but releases it on request; ask the office whether a copy fee applies. You can file a claim yourself without paying a recovery company.

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

No. You may file directly with the Fulton County Sheriff (Property Tax unit), and the county pays the entitled party. An attorney helps when the title work is involved, a lender or another claimant is in line ahead of you, or the funds have been interpleaded into court.

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 Fulton County Sheriff (Property Tax unit). 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.