Your Foreclosed Property May Have Left Money Behind.

In a foreclosure, if the property sells for more than the amount owed on the loan plus certain costs, the remaining amount may be 'surplus funds.' After a Georgia tax sale, excess proceeds may remain if the property sold for more than the taxes, costs, and charges owed. Eligibility depends on the specific facts and applicable law.

Potential claimants can include the former owner, heirs or estate representatives of a deceased owner, junior lienholders, or other parties with a legal interest. The right to claim funds and the order of payment depend on the type of sale, lien priority, and applicable Georgia law.

Surplus funds are typically held by the foreclosure trustee or, in tax sales, by the county or the tax commissioner. Our team can help review available records to determine whether surplus or excess funds may have been generated in your situation. This requires review of the specific case and does not guarantee that funds exist.

After a non-judicial foreclosure sale, proceeds are applied to the debt and costs. Any surplus may be distributed according to lien priority and applicable law. Former owners and other interested parties may have a limited time to claim remaining funds, which is why reviewing the situation promptly can be important.

Heirs or estate representatives of a deceased property owner may have a basis to pursue surplus funds. This often involves documenting heirship, coordinating with probate where required, and establishing the estate's authority. We help families understand the steps that may be involved.

Junior lienholders and other creditors may have a claim to surplus funds depending on lien priority and the type of sale. The priority and validity of each claim must be evaluated under the specific facts and Georgia law.