---
title: "How Long Does It Take To Get Surplus Funds? | E. Albert Law"
description: "Most people would like their excess proceeds lawyer to recover funds as quickly as possible. Though the average claim is resolved in 90–120 days, several factors can affect the timeline."
lang: en
json-ld: |
  {
    "@context": "https://schema.org",
    "@type": "Article",
    "headline": "How Long Does It Take To Get Surplus Funds?",
    "description": "Most people would like their excess proceeds lawyer to recover funds as quickly as possible. Though the average claim is resolved in 90–120 days, several factors can affect the timeline.",
    "datePublished": "December 7, 2022",
    "author": {
      "@type": "Person",
      "name": "Esther Mesidor"
    },
    "publisher": {
      "@type": "Organization",
      "name": "E. Albert Law"
    },
    "image": "https://excessfundslawyer.com/images/blog/how-long-surplus-funds-social.jpg"
  }
---

[![E. Albert Law](/assets/ea-law-logo-BW8YqpsI.png)](/)

Georgia Lawyer

[Atlanta Accident / Personal Injury Lawyer](/atlanta-personal-injury-lawyers)[Georgia Foreclosure Excess Proceeds Recovery Attorney](/surplus-funds-recovery)

Surplus Funds

[Former Homeowner](/georgia-homeowners-claim-for-surplus-money-after-foreclosure)[Third-Party Companies](/atlanta-lawyer-for-third-party-companies-fund-claims)[Other Interested Party](/georgia-other-interested-party-rights-to-excess-proceeds-claim)[Attorney for Foreclosure Probate Services](/atlanta-attorney-service-for-probate-owners-fund-claims)[Find a County List](/blog/georgia-county-surplus-funds-list)

Atlanta Area

[Atlanta](/atlanta-personal-injury-lawyers)[Buckhead](/buckhead-personal-injury-lawyer)[Decatur](/decatur-personal-injury-lawyer)[DeKalb County](/dekalb-county-personal-injury-lawyer)[Dunwoody](/dunwoody-personal-injury-lawyer)[Fulton County](/fulton-county-personal-injury-lawyer)[Mableton](/mableton-personal-injury-lawyer)[Sandy Springs](/sandy-springs-personal-injury-lawyer)[Smyrna](/smyrna-personal-injury-lawyer)[Stone Mountain](/stone-mountain-personal-injury-lawyer)

Personal Injury

[Back Injury](/atlanta-back-injury-lawyer)[Construction Accident](/atlanta-construction-accident-lawyers)[Dog Bite](/atlanta-dog-bite-lawyer)[Fall Accident](/atlanta-fall-accident-lawyer)[Industrial Accident](/atlanta-industrial-accident-attorney)[Neck Injury](/atlanta-neck-injury-attorneys)[Spinal Cord](/atlanta-spinal-cord-injury-attorney)[Warehouse](/atlanta-warehouse-accident-lawyer)[Whiplash](/atlanta-whiplash-injury-attorney)[Work](/atlanta-work-accident-lawyers)[Workplace](/atlanta-workplace-injury-attorneys)

Georgia Attorney 

[Georgia Personal Injury Lawyer](/georgia-personal-injury-lawyer)[Georgia Car Accident Attorney](/georgia-car-accident-lawyer)[Georgia Truck Accident Attorney](/georgia-truck-accident-lawyer)[Georgia Motorcycle Accident Attorney](/georgia-motorcycle-accident-lawyer)[Georgia Bicycle Accident Attorney](/georgia-bicycle-accident-lawyer)[Georgia Pedestrian Accident Attorney](/georgia-pedestrian-accident-lawyer)[Georgia Slip & Fall Accident Attorney](/georgia-fall-accident-lawyer)

Vehicle Accident 

[Car Accident](/atlanta-car-accident-lawyers)[Bicycle Accident](/atlanta-bicycle-accident-lawyers)[Motorcycle Accident](/atlanta-motorcycle-accident-lawyers)[Pedestrian Accident](/atlanta-pedestrian-accident-lawyers)[Truck Accident](/atlanta-truck-accident-lawyers)[Distracted Driving](/atlanta-distracted-driving-accident-attorney)[Drunk Driving](/atlanta-drunk-driving-accident-lawyer)[Hit and Run](/atlanta-hit-and-run-accident-lawyers)[Lyft](/atlanta-lyft-accident-lawyer)[Rideshare](/atlanta-rideshare-accident-lawyers)[Uber](/atlanta-uber-accident-attorney)

EA Law

[About](/about)[Blog](/blog)[Facebook Group](https://www.facebook.com/groups/surplusfundsgeorgia)[Contact the Attorney](/contact)

[678-664-4878](tel:6786644878)

[](tel:6786644878)[678-664-4878](tel:6786644878)

# Foreclosure Excess Proceeds Timeline

December 7, 2022 5 min read 

![how long does it take to get surplus funds?](/images/blog/how-long-surplus-funds.jpg)

Most people would like their excess proceeds lawyer to recover funds in as little time as possible after finding out that they have money owed to them, however not all surplus funds recovery claims are resolved quickly due to several factors that can affect the length of a claim.

## Though the average surplus funds claim is resolved in 90–120 days, certain claims have been completed within 30 days and more complicated claims may take longer than 120 days.

Simple claims generally take less time.

Here are characteristics of a relatively straightforward surplus funds claim:

-   The previous property owner is still living.
-   The previous property owner was the sole property owner.
-   There are no competing claims for the funds.
-   There are no unresolved liens filed against the property.

We would expect a case like this to resolve in 90–120 days, however claiming funds will likely take more time when these criteria are not met.

## When the previous property owner is deceased, a surplus funds claim may take longer than 90–120 days.

When the previous property owner is deceased and an heir is claiming the funds, some trustees will require that a formal probate estate be opened before any excess proceeds can be claimed, which typically takes 3 to 6 months.

## When the previous property owner was not the sole property owner, a claim may take longer than 90–120 days.

If there were multiple property owners at the time of the foreclosure sale, it may take more time to recover [tax sale overages](/blog/tax-deed-sale-overage-money-explained) or [mortgage surplus funds](/blog/mortgage-sale-excess-proceeds-fund-guide). Each owner named on the deed would be entitled to their respective portion of funds. This means multiple claims are submitted and multiple lien searches are required depending on how many property owners are named on the deed. It is possible to claim only a portion of the funds. The ability to do this depends on the county and/or trustee that we are working with to get the funds disbursed.

## When there are competing claims for surplus funds, a claim may take longer than 90–120 days.

When there are competing claims for mortgage overages, the trustee may feel more comfortable with a judge deciding who should get the money. The trustee has the power to interplead any excess funds. When funds are interpled, that means that the funds are paid into a court registry. The only way to get the funds out of the court registry is to have a judge order funds to be distributed. Because an interpleader goes through court, it can extend the timeline of a claim.

## When there is a bankruptcy, a surplus funds claim may take longer than 90–120 days.

When there is an open bankruptcy estate, oftentimes excess proceeds are paid into the bankruptcy estate (depending on the bankruptcy that has been filed). In other circumstances, the bankruptcy must be discharged before proceeds can be claimed. A bankruptcy discharge releases the debtor from certain debts and obligations. Because we may be required to pay the bankruptcy estate or wait for the bankruptcy estate to be discharged, the claim will normally take longer than usual.

## When there are liens that must be resolved, a surplus funds claim may take longer than 90–120 days.

A lien is a claim or legal right against an asset. When claiming excess funds, if there is a valid lien against the foreclosed property, that lien must be resolved before the excess funds are disbursed. In order for a lien to be paid off, we have to find them, request pay offs, negotiate balances (in certain cases), and pay off balances. This can extend the time it takes to resolve a claim.

## Waiting for a foreclosure deed to be filed can add up to 90 days to a surplus funds claim.

Before surplus funds can be disbursed, the foreclosing party has to file a foreclosure deed. The foreclosure deed is called a deed under power of sale. There is a 90-day deadline to file the deed under power of sale. So, there may be up to 90 days added to the process because the funds cannot be disbursed without the deed under power of sale.

At E. Albert Law, our [Georgia tax deed auction lawyers](/surplus-funds-recovery) work diligently to process surplus funds claims as quickly as possible. While times vary, we often hear that clients are grateful for how we have expedited their claim.

Call us at [678-664-4878](tel:6786644878) for your free consultation or email us at surplusfunds@ealbertlaw.com.

[Georgia Mortgage and Tax Foreclosure Sale Process ](/blog/georgia-mortgage-and-tax-foreclosure-sale-process)[What Are Tax Sale Overages? ](/blog/tax-deed-sale-overage-money-explained)

### Contact Us Today

Please note:  Our office does not respond to requests for excess funds lists. Please contact the county directly.

Name \*

Email \*

Phone \*

Message \*

Send

> 

> "The Lord God has told us what is right and what he demands: See that justice is done, let mercy be your first concern, and humbly obey your God."

\- Micah 6:8

[![E. Albert Law](/assets/ea-law-logo-BW8YqpsI.png)](/)

The information on this website is for general informational purposes only and does not constitute legal advice.

### Atlanta Area

[Atlanta Injury](/atlanta-personal-injury-lawyers)[Buckhead Injury](/buckhead-personal-injury-lawyer)[Decatur Injury](/decatur-personal-injury-lawyer)[DeKalb County Injury](/dekalb-county-personal-injury-lawyer)[Dunwoody Injury](/dunwoody-personal-injury-lawyer)[Fulton County Injury](/fulton-county-personal-injury-lawyer)[Mableton Injury](/mableton-personal-injury-lawyer)[Sandy Springs Injury](/sandy-springs-personal-injury-lawyer)[Smyrna Injury](/smyrna-personal-injury-lawyer)[Stone Mountain Injury](/stone-mountain-personal-injury-lawyer)

### Personal Injury

[Back Injuries](/atlanta-back-injury-lawyer)[Construction Accidents](/atlanta-construction-accident-lawyers)[Dog Bite](/atlanta-dog-bite-lawyer)[Fall Accidents](/atlanta-fall-accident-lawyer)[Industrial Accidents](/atlanta-industrial-accident-attorney)[Neck Injuries](/atlanta-neck-injury-attorneys)[Spinal Cord](/atlanta-spinal-cord-injury-attorney)[Warehouse Accidents](/atlanta-warehouse-accident-lawyer)[Whiplash Injury](/atlanta-whiplash-injury-attorney)[Work Accidents](/atlanta-work-accident-lawyers)[Workplace Accidents](/atlanta-workplace-injury-attorneys)

Vehicle Accident 

### Surplus Funds

[Excess Proceeds Lawyer](/surplus-funds-recovery)[Homeowner](/georgia-homeowners-claim-for-surplus-money-after-foreclosure)[Third Party](/atlanta-lawyer-for-third-party-companies-fund-claims)[Other Party](/georgia-other-interested-party-rights-to-excess-proceeds-claim)[Probate](/atlanta-attorney-service-for-probate-owners-fund-claims)[Funds List](/blog/georgia-county-surplus-funds-list)

### EA Law

[About](/about)[Blog](/blog)[Excess Funds Facebook Group](https://www.facebook.com/groups/surplusfundsgeorgia)[Contact](/contact)[Sitemap](/sitemap.xml)

### Contact the Lawyer

[678-664-4878](tel:6786644878)[surplusfunds@ealbertlaw.com](mailto:surplusfunds@ealbertlaw.com)

400 Galleria Pkwy, Ste 1500  
Atlanta, Georgia 30339 

[](https://www.facebook.com/ealbertlawllc)[](https://www.instagram.com/ealbertlaw/)

Atlanta law firm focused on surplus funds recovery and personal injury to help Georgia clients recover the money they are owed after an accident or foreclosure in GA.

© 2026 E. Albert Law, LLC. All rights reserved. Atlanta Personal Injury Attorney and Georgia Excess Funds Lawyer