Excess Funds

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Ex-Officio Sheriff’s Deed Excess Funds Information

Claims for excess funds or inquiries regarding entitlement should be submitted via the Contact Us page.

Pursuant to O.C.G.A. § 48-4-5, all interested parties have already been notified of the availability of these excess bid funds. Therefore, there may arise numerous and conflicting claims for these funds. Please be aware that in the event of conflicting claims, the funds may be placed in Superior Court of Chatham County via an interpleader action so that a judge may decide who the rightful person to receive these funds may be. You will have to defend your or your client’s claim before the judge at your expense. Also be aware that if any third party claims for excess bid funds, the funds may be placed into Superior Court of Chatham County via an interpleader action so that a judge may decide who the rightful person to receive these funds may be.

If competing claims, uncertainties or doubts of entitlement arise, the Tax Commissioner may interplead the excess funds in Superior Court as provided by state law, O.C.G.A. § 48-4-5.

Once funds have been placed into Superior Court, the claimant will need to contact Superior Court at (912) 652-7200 with any questions. The Tax Commissioner’s Office will not have information on the funds or their disbursement. Please do not contact the Tax Commissioner after the funds have been placed in Superior Court, we will not be able to assist you.

Excess funds are subject to priority claim by the mortgagee or security interest holder. The record owner of the property at the time of the tax sale may claim the overage only if the property is not encumbered by a mortgage or lien, or if there are funds remaining after the mortgagee has satisfied their secured claim.

To receive consideration, all claims should include the following:

  1. Petition to Demand Payment of Excess Funds form that has been completed and signed by the potential claimant of the funds.
  2. Picture identification
  3. Justification and proof of ownership of the excess funds
It is the policy of the Tax Commissioner’s Office that all checks are made payable to the owner, security deed holder or lien holder of the funds only, not to a third party.

Excess Funds Claim Forms

 

Excess Funds Report