Money left over from your foreclosure or tax sale may still be yours.

How the sale happens

The lender advertises the sale for four weeks, then auctions the property to the highest bidder. Bids often exceed the mortgage balance, accrued interest, and sale costs combined.

Where the money sits

The excess is deposited with the clerk of the superior court or held by the foreclosing party in the county where the property sold — quietly, with no obligation to track you down.

Who can claim

The former owner has first priority. After that, subordinate lienholders — second mortgages, judgment creditors, HOA liens — are paid in order of their recorded priority.

How the sale happens

After notice and advertising, the tax commissioner auctions the property. Investors routinely bid well above the tax debt to win the property — creating a surplus that can reach tens of thousands of dollars.

Where the money sits

Under O.C.G.A. § 48-4-5, the excess is held by the county tax commissioner (or paid into superior court) for the people legally entitled to it — and counties rarely go looking for them.

Who can claim

The record owner at the time of the sale, their heirs if they’ve passed, and then lienholders by priority. Competing claims are common — filing correctly the first time is what gets you paid.