EXCESS FUNDS INFORMATION

Ex-Officio Sheriff’s Deed Excess Funds Information

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Excess Funds Request Form

What Are Excess Funds?

When a property is sold at a tax sale to recover unpaid property taxes, it may sell for more than the amount owed. The surplus is known as excess funds. These funds are held by the Chatham County Tax Commissioner they can be claimed by the rightful party.

If no one claims the funds within five years of the tax sale date, they are transferred to the Georgia Department of Revenue. After that point, the only way to recover the money is through a court order obtained by filing an interpleader action in Chatham County Superior Court.

Who Can Request Excess Funds?

  • The property owner at the time of the tax sale
  • An heir or beneficiary if the owner was deceased
  • A lienholder, such as a mortgager, HOA, or anyone with a legal claim against the property
Important: Pursuant to O.C.G.A. § 48-4-5, excess funds are to be paid to the rightful claimant(s) as determined by law. The Tax Commissioner’s office does not verify or confirm claims for excess funds, nor does it correspond with third parties or recognize a legal relationship of “representation” by an asset recovery firm, nor by an individual or company who has been granted Power of Attorney. All claimants are to submit their requests directly.

How Do I Submit a Request?

Step 1: Complete the Excess Funds Request Form and
Step 2: Gather all documentation listed on the second page of the form.
Step 3: Send your form and all documents either by:
You’ll receive a confirmation notice once your submission is received.

What Happens Next?

Review: Our staff will verify your documentation.
Follow-up: We may reach out if additional information is required.
Approval: If your request is approved, a Release Form will be sent for your notarized signature.
Payment: Once we receive the signed and notarized Release Form, a check will be issued.
Most reviews take 3–4 weeks. Complex claims may take longer. If multiple or conflicting claims exist or the claim cannot be verified, the funds may be interpleaded in Superior Court.

Can I Redeem My Property?

Yes. The property owner, their heirs, legal assigns, or anyone with a legal interest in the property may redeem property that has been sold at a tax sale.
  • Must be within 1 year and 1 day from the date of the sale
  • Pay the purchase price + 20% interest (+ any other taxes or legal costs)
A Sheriff's Deed does not grant full legal ownership until the redemption right is legally barred. Until then, the purchaser may not evict the previous owner or take possession. (O.C.G.A. § 48-4-40 – § 48-4-48)
If you’re considering redemption, we urge you to speak with an attorney.

Questions?

Email: excessfunds@chathamcounty.org
Phone: (912) 652-7100

Excess Funds Report