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How to claim foreclosure surplus funds in Georgia

In Georgia most home foreclosures are out-of-court power of sale sales run by the lender's law firm, so the firm or lender handles the sale money. If the home sells for more than the debt, sale costs and other liens, the surplus belongs to you, but no Georgia law we found sets a claim form or deadline for mortgage surplus. Ask for an accounting in writing right after the sale.

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Reviewed against Georgia law and official sources on October 11, 2026. General information, not legal advice.

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How to claim surplus funds in Georgia

  1. Who holds the money

    Right after the sale

    The foreclosing lender, usually through its law firm, receives the sale money and pays it out under your security deed. Georgia's code says money left after paying the debt goes to the mortgagor, but we could not confirm that rule covers out-of-court sales.

    O.C.G.A. § 44-14-190

  2. Ask for a written accounting

    As soon as the sale happens

    We found no Georgia law that makes the lender tell you how to claim surplus. Write to the law firm named in your foreclosure notice, ask for the sale price, payoff, costs and any surplus, and give your new mailing address.

  3. Other liens come before you

    Second mortgages, HOA or condo liens and judgments recorded against the home are paid by priority before you. Ask for proof of any lien that reduces your share.

  4. If the firm will not pay

    If the firm will not pay you or others claim the money, talk to legal aid or a lawyer about asking a superior court to decide who gets it. Keep copies of every letter and the foreclosure notice.

  5. Search Georgia unclaimed property

    No deadline to claim from the state

    Money no one claims can end up with the Georgia Department of Revenue's Unclaimed Property program. The Department says you can claim free of fees and that there is no claim deadline for most property.

  6. Fee limits on recovery help

    The Department of Revenue says fees charged to help recover an unclaimed account cannot be more than 10% and that you never need a paid representative. We found no fee cap for surplus still held by a law firm, so be careful with anyone who asks you to sign over a share.

  7. Excess funds after a tax sale

    Notice within 30 days of the tax sale

    Money left after a property tax sale follows a separate law with a notice and claim process. See our Georgia property tax foreclosure page.

    O.C.G.A. § 48-4-5

What Georgia law says about leftover sale money

Surplus after a mortgage foreclosure sale

If the home sells for more than your mortgage debt, sale costs and any other liens, the extra money (the surplus) belongs to you. In a power of sale foreclosure the foreclosing lender handles the sale money under the terms of your security deed, and we did not find a Georgia law that makes the lender tell you how to claim a surplus. Write to the foreclosing law firm right after the sale, ask for an accounting, and give your new mailing address. Money that goes unclaimed can end up with the Georgia Department of Revenue's Unclaimed Property program, where you can search for it. A 2026 bill (House Bill 948) would have required surplus claim instructions in the foreclosure notice, but it did not pass the Senate.

O.C.G.A. § 44-14-190

Common questions in Georgia

Is there a deadline to claim Georgia mortgage foreclosure surplus?

We did not find a Georgia statute that sets one. The longer you wait, the more likely the money is paid to someone else or sent to unclaimed property, so ask the foreclosing firm in writing right after the sale.

Did Georgia pass a law requiring surplus claim instructions in foreclosure notices?

No. House Bill 948 (2026) would have required foreclosure notices to explain how to claim surplus, but it did not pass the Senate. Until a law changes, you have to ask the lender's firm yourself.

Where do I look for unclaimed Georgia tax sale money?

The Department of Revenue says detailed tax sale overage lists are on the website of the county where the property was sold. Check that county's tax commissioner or sheriff page, then search the state's unclaimed property site.

Step by step

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Who to call, and what to do when a sale is scheduled.

Also in Georgia

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. O.C.G.A. § 48-4-5 (excess funds after tax sale), FindLaw
  2. O.C.G.A. § 48-4-1 (tax sale procedure), FindLaw
  3. O.C.G.A. § 48-4-40 (right to redeem), FindLaw
  4. O.C.G.A. § 48-4-42 (redemption price), FindLaw
  5. O.C.G.A. § 48-4-45 (notice of foreclosure of right to redeem), FindLaw
  6. O.C.G.A. § 48-4-46 (form and service of barment notice), FindLaw
  7. O.C.G.A. § 48-4-47 (actions after barment notice), FindLaw
  8. O.C.G.A. § 48-4-48 (tax deed ripens by prescription), FindLaw
  9. O.C.G.A. § 48-4-78 (petition for in rem tax foreclosure), FindLaw
  10. O.C.G.A. § 48-4-81 (in rem sale, redemption, surplus), FindLaw
  11. O.C.G.A. § 48-3-3 (tax executions), FindLaw
  12. O.C.G.A. § 48-2-40 (interest on taxes), FindLaw
  13. O.C.G.A. § 48-2-44 (penalties), FindLaw
  14. O.C.G.A. § 48-5-72 (senior tax deferral), FindLaw
  15. Gwinnett County Tax Commissioner: Tax Sale Excess Funds
  16. Georgia Department of Revenue: General Unclaimed Property FAQs
  17. Georgia Department of Revenue: Unclaimed Property FAQ
  18. O.C.G.A. § 44-14-162 (sales under power: where, when, advertisement, recording before sale), FindLaw (unofficial mirror), current as of March 28, 2024
  19. O.C.G.A. § 44-14-162.1 (definition of debtor), FindLaw (unofficial mirror)
  20. O.C.G.A. § 44-14-162.2 (30-day notice to debtor), FindLaw (unofficial mirror)
  21. O.C.G.A. § 44-14-162.3 (waiver of notice not valid in security instrument), FindLaw (unofficial mirror)
  22. O.C.G.A. § 44-14-162.4 (recitals in deed under power), FindLaw (unofficial mirror)
  23. O.C.G.A. § 44-14-161 (confirmation of sale before deficiency judgment), FindLaw (unofficial mirror)
  24. O.C.G.A. § 44-14-190 (disposition of sale proceeds and surplus), FindLaw (unofficial mirror)
  25. O.C.G.A. § 9-13-161 (public sales on first Tuesday, hours, holiday rule), FindLaw (unofficial mirror)
  26. O.C.G.A. § 9-13-141 (advertisement once a week for four weeks), FindLaw (unofficial mirror)
  27. O.C.G.A. § 44-7-50 (demand for possession and dispossessory filing), FindLaw (unofficial mirror)
  28. O.C.G.A. § 44-7-51 (dispossessory summons, seven days to answer), FindLaw (unofficial mirror)
  29. O.C.G.A. § 10-1-393 (Fair Business Practices Act, paragraph (b)(20) on homeowners in default), FindLaw (unofficial mirror)
  30. Georgia General Assembly: House Bill 948 (2025-2026), committee substitute text showing current O.C.G.A. §§ 44-14-162.2 and 44-14-190 with proposed changes
  31. Georgia General Assembly: House Bill 948 status page (last action: Senate Read Second Time; not enacted)
  32. GeorgiaLegalAid.org: What to Know About Foreclosure (reviewed February 13, 2026)
  33. GeorgiaLegalAid.org: Georgia Foreclosure Law Help and Legal Aid
  34. Atlanta Legal Aid Society brochure: Facing Foreclosure? (updated 2024), hosted on GeorgiaLegalAid.org
  35. Georgia DCA public notice, February 26, 2026: Georgia Mortgage Assistance Announces Revised Final Application Deadline
  36. Georgia DCA: Georgia Mortgage Assistance Program
  37. U.S. Department of the Treasury: Homeowner Assistance Fund
  38. Georgia Department of Banking and Finance: I have a question or complaint about my mortgage company
  39. Georgia Attorney General's Consumer Protection Division: File a Complaint
  40. Georgia Department of Revenue: Unclaimed Property
  41. State Bar of Georgia FAQ: Where can I get an attorney referral?