Georgia Surplus Funds Laws
How mortgage foreclosure surplus, tax sale surplus and unclaimed funds work in Georgia.
Mortgage foreclosure surplus
O.C.G.A. § 44-14-190 addresses disposition of proceeds in a judicial foreclosure of a mortgage: after priority liens and the mortgage debt, surplus goes to the mortgagor or agent. Power-of-sale foreclosures under a security deed instead follow §§ 44-14-160–162.4 and applicable deed and case law; the page should distinguish these tracks. Section 44-14-190 does not set a fixed surplus-claim filing period. For a power-of-sale foreclosure, pursue a remaining balance from the foreclosing holder under the security deed and applicable law promptly. Georgia generally has no statutory post-sale redemption after a completed power-of-sale mortgage foreclosure; redemption is a separate issue.
Tax sale surplus
O.C.G.A. § 48-4-5 is the tax-sale excess-funds rule. It requires notice within 30 days to the record owner and recorded interest holders, permits interpleader, and distributes the excess by priority. Sections 48-4-40–48 address the different right to redeem the land. Section 48-4-5 gives no fixed initial claim cutoff while the tax officer holds the money. After five years from sale, unclaimed funds with no pending claim proceeding are paid to the state; release then requires a court order from an interpleader action in the county of sale (§ 48-4-5(c)). The five years is a transfer point, not the property-redemption period.
Unclaimed funds
Georgia Disposition of Unclaimed Property Act, O.C.G.A. §§ 44-12-190 et seq.; § 44-12-220 governs claims to the Department of Revenue Commissioner. The revised claim provisions effective July 1, 2026 must be used. Section 44-12-220 states no fixed deadline for an owner’s initial claim. The Commissioner must consider a claim within 90 days. Claims by a representative require the prescribed form and compliance with the 2026 registration and agreement provisions; tax-sale excess transferred under § 48-4-5(c) has its own court-order release rule.
Fee and practice notes
A county saying it does not work with third parties does not stop an attorney from filing for the claimant.
Statute text
Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.
