Clayton County surplus funds list

O.C.G.A. 48-4-5: money left after the taxes, costs and expenses of a tax sale is excess funds. The officer who made the sale must mail written notice, within 30 days, to the record owner at the time of the sale, to each record security deed holder and to others with a recorded equity interest or claim, and the funds go to them as their interests appear, in order of priority. The officer may file an interpleader action in superior court to have the court distribute them, and the cost of that action, including reasonable attorney's fees, is paid from the excess funds. After five years from the tax sale date, unclaimed excess funds with no claim pending must be paid over to the Georgia Department of Revenue; after that only a court order from an interpleader action filed by the claimant in the county where the sale was held releases them.

Per the Tax Commissioner's Official Claim for Excess Funds: a lienholder or security deed holder sends a copy of the recorded lien or security deed with a current balance statement; a property owner sends the deed and a certificate of title dated within 60 days showing the property free of mortgages and liens; an executor or administrator sends the court letters and the death certificate. Documents are not stapled. Statute: O.C.G.A. 48-4-5.

HeritageDeed is not a surplus recovery company and does not file claims. Claims are filed with the clerk, court or state office named on each county page, whose instructions describe claimants filing for themselves; a lawyer is optional.

Whatever is recorded against the property (an unreleased mortgage, a judgment, a code enforcement or tax lien) can take part or all of the surplus before the former owner is paid.

HeritageDeed does not search title records in Clayton County yet, so no report can be ordered here; the liens of record are in the Clayton County Clerk's Official Records. Counties HeritageDeed covers.