Surplus funds in Georgia: the rules, straight.
We recover foreclosure surplus, tax sale overages, and vehicle/boat/RV repossession surplus here.
Foreclosure / mortgage surplus
Yes — we recover this here.
Lender/foreclosing attorney holds the excess (§ 44-14-190); written demand; interpleader if contested.
No pre-escheat fee cap. Interpleader risk rises with competing claims — counsel useful, not mandatory.
Tax sale overages
Yes — we recover this here.
Tax commissioner holds excess funds (§ 48-4-5); administrative claim off published county lists.
No pre-escheat cap. Watch the post-escheat 10% + direct-to-owner trap — never let county money route through us.
Courtroom requirement: Standard claims here are administrative — no attorney legally required for a routine filing.
If nobody claims it: Tax overage: 5 yrs → DOR. Post-escheat: 24-month contract bar; O.C.G.A. § 44-12-224 caps fees ~10% and requires payment DIRECT to the owner even against a POA.
Cars, boats & RVs in Georgia: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.
This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered. Primary source: https://law.justia.com/codes/georgia/title-44/chapter-12/article-5/section-44-12-224/ · https://codes.findlaw.com/ga/title-44-property/ga-code-sect-44-12-239/
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