Georgia at a glance
Checked against the sources cited, 2026-09-19
| Topic | What the law says, and where it says it |
|---|---|
| How foreclosure works here | Georgia law lets a lender sell a home without a court case, under a power of sale in the security deed or mortgage, as long as the sale is advertised and held like a sheriff's sale and the required notice is given. A mortgage can also be foreclosed by petition in the superior court. O.C.G.A. § 44-14-162(a) (power of sale); O.C.G.A. § 44-14-180 (court foreclosure of mortgages) Show the source textNo sale of real estate under powers contained in mortgages, deeds, or other lien contracts shall be valid unless the sale shall be advertised and conducted at the time and place and in the usual manner of the sheriff's sales |
| Who holds foreclosure surplus | When a mortgage is foreclosed through the court, the statute says the sale money goes first to the foreclosing lender and any lien with legal priority, and any surplus is paid to the mortgagor (the borrower) or the borrower's agent. We did not find a Georgia statute that names who holds surplus after a sale made without a court case under a power of sale. O.C.G.A. § 44-14-190 Show the source textwhen there is any surplus after paying off the mortgage and other liens, the surplus shall be paid to the mortgagor or his agent |
| Tax sale excess proceeds | Georgia sells the property itself at a tax sale under a tax execution. The owner can redeem it at any time within 12 months of the sale, and after that until the right to redeem is cut off by a formal notice. If the sale brings in more than the taxes, costs and expenses, the officer who sold the property must mail written notice of the excess funds within 30 days. Excess funds still unclaimed five years after the sale are paid over to the Georgia Department of Revenue, and after that they can be released only by a court order in an interpleader action filed in the county of the sale. O.C.G.A. § 48-4-5(a)-(c); O.C.G.A. § 48-4-40 (redemption) Show the source textAfter five years have elapsed from the tax sale date, the tax commissioner, tax collector, sheriff, or other officer holding excess funds shall pay over to the department any excess unclaimed funds |
| Rules for recovery companies | For property held by the Georgia Department of Revenue's unclaimed property program, a person who is paid to help recover it must be registered with the Department as a claimant's designated representative and must use the Department's agreement forms. Total fees and costs under a recovery agreement may not exceed 30 percent, and payment may not be taken before the claim is approved. The 30 percent limit does not apply when a court order is required to prove entitlement, or to purchase agreements. We did not find a Georgia statute that sets a fee limit for recovering tax sale excess funds still held by a county officer, or foreclosure surplus. O.C.G.A. § 44-12-224(d)(1); O.C.G.A. § 44-12-239(a); O.C.G.A. § 44-12-239.2(a)(10), (a)(12) (as enacted by 2023 Ga. Laws, S.B. 103, effective July 1, 2024) Show the source textThe total fees and costs under an Unclaimed Property Recovery Agreement may not exceed 30 percent of the claimed amount or the unclaimed property's value, whichever is lower. |
How surplus funds arise in Georgia
When a home in Georgia is sold at a foreclosure sale or a tax sale for more than the debt and the costs of the sale, the money left over is surplus funds, also called excess proceeds or overage. It does not belong to the lender or to the buyer. Liens recorded behind the foreclosed debt are paid first, and what remains belongs to the former owner or to the owner's heirs. Read surplus funds explained for the general rules and liens and competing claims for the order of payment.
How a claim moves in Georgia
We confirm the sale figures in the public record, identify which office in Georgia is holding the money, and prepare and file the claim the way that office requires, advancing the costs. Because we bring the whole record with us, the claim does not stall on a missing document, a competing name or a missed date. See how to qualify for what we handle and what you provide. Notices about surplus are usually mailed to the last address on record, which is often the home that was sold, so do not wait for a letter. In Georgia that program is the Unclaimed Property Program, Georgia Department of Revenue.
If the owner has died
The right to the money belongs to the estate. Depending on the size of the estate, Georgia law may allow a simplified procedure, or a probate court may need to appoint a personal representative. See estate and heir recovery and probate assistance.
Working with a recovery company in Georgia
Georgia regulates this kind of service. For property held by the Georgia Department of Revenue's unclaimed property program, a person who is paid to help recover it must be registered with the Department as a claimant's designated representative and must use the Department's agreement forms. Total fees and costs under a recovery agreement may not exceed 30 percent, and payment may not be taken before the claim is approved. The 30 percent limit does not apply when a court order is required to prove entitlement, or to purchase agreements. We did not find a Georgia statute that sets a fee limit for recovering tax sale excess funds still held by a county officer, or foreclosure surplus. (O.C.G.A. § 44-12-224(d)(1); O.C.G.A. § 44-12-239(a); O.C.G.A. § 44-12-239.2(a)(10), (a)(12) (as enacted by 2023 Ga. Laws, S.B. 103, effective July 1, 2024))
Any agreement you sign, with us or with anyone else, has to follow that rule.
No out-of-pocket expense. Our only payment is a completion fee taken from the surplus once it is recovered. Where your state requires a licensed attorney for a court or probate filing, a licensed attorney handles it, and you still pay nothing out of pocket. Before you sign with anyone, read what a surplus funds scam looks like.
Questions about surplus funds in Georgia
Enough to prove who you are and how you held the property: identification, the deeds, any notice you received, and, if the owner has died, the estate paperwork. We do the rest for Georgia, from locating the funds to filing the claim.
When a mortgage is foreclosed through the court, the statute says the sale money goes first to the foreclosing lender and any lien with legal priority, and any surplus is paid to the mortgagor (the borrower) or the borrower's agent. We did not find a Georgia statute that names who holds surplus after a sale made without a court case under a power of sale.
No out-of-pocket expense. We advance the costs and are paid a completion fee from the surplus only after it is recovered. Where a court or probate filing requires a licensed attorney, a licensed attorney handles it.