Top Mistakes Homeowners Make Filing Surplus Funds Claims
Recovering surplus funds after a foreclosure or tax sale in Georgia should be straightforward — but many claimants make avoidable mistakes that delay or jeopardize their recovery. Here are five of the most common errors we see, and how to avoid them.
1. Missing the Deadline
Georgia law imposes strict deadlines for claiming surplus funds. For tax sale overages, the statutory deadline is five years from the date of sale — after which the funds are forfeited to the county permanently. For mortgage foreclosure surplus, different deadlines may apply depending on the county and circumstances.
Tip: Even though the tax overage deadline is five years, we strongly recommend filing your claim as soon as possible. Delays can lead to lost documentation, competing claims, and other complications that make recovery harder over time.
2. Filing an Incomplete Claim
Each county has its own requirements for what must be included in a surplus funds claim. Common documentation includes proof of identity, proof of ownership or heirship, and a formal written request. Submitting incomplete paperwork can result in delays or outright denial.
Tip: Review the county's specific requirements carefully, or work with an attorney who knows the process.
3. Ignoring Competing Claims
You may not be the only party with a claim to the surplus funds. Lienholders, creditors, and other interested parties can file competing claims. If you do not respond to or account for these competing interests, the court may distribute the funds to someone else.
Tip: Be aware of all liens and judgments that were attached to the property before the sale.
4. Falling for Surplus Funds Scams
Unfortunately, some companies target former homeowners with misleading letters or high-pressure tactics. They may charge excessive fees — sometimes 30% to 50% of the recovery — for services that a qualified attorney can provide at a fraction of the cost.
Tip: Be cautious of unsolicited letters or calls about surplus funds. Research any company or attorney before signing an agreement, and compare fee structures.
5. Not Understanding When Probate Is Required
If the former homeowner has passed away, heirs often assume they can claim the funds directly. In many Georgia counties, this is not the case — a formal probate estate must be opened before the funds can be released.
Tip: If the homeowner is deceased, consult with an attorney experienced in both probate and surplus funds to determine the correct process.
Protect Your Claim
At E. Albert Law, LLC, we help homeowners, heirs, and third-party claimants avoid these pitfalls. Our low-fee, contingency-based model means you pay nothing upfront, and we handle the entire process from claim preparation to fund distribution.
Contact us today for a free consultation, or speak with a Surplus Funds Recovery attorney to learn more about how we can help.
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Please note: Our office does not respond to requests for excess funds lists. Please contact the county directly.