When your home sold at a tax sale or foreclosure auction for more than what was owed, you are legally entitled to the excess. Most former owners never know. SIMS fights to get it back — at zero upfront cost.
After a tax sale or mortgage foreclosure, leftover funds belong to you. Here's how it works.
When your property goes to auction — whether for unpaid taxes or a mortgage default — it's sold to the highest bidder. If the sale price exceeds what you owed (taxes, mortgage balance, liens, legal fees), the extra money is called excess funds or surplus proceeds.
That money belongs to you — the former property owner. But neither the county nor the lender is required to track you down and return it. The funds sit unclaimed, often for years.
Your property owed $45,000 in back taxes and fees. It sold at auction for $78,000. You're entitled to $33,000 in excess funds — but you have to claim it through a legal process.
Your mortgage balance was $120,000. Your home sold at foreclosure auction for $195,000. After fees, you may be entitled to the $70,000+ surplus — but only if you file a legal claim before those funds are disbursed elsewhere.
Whether you lost your home to unpaid taxes or a mortgage default — if the property sold for more than what was owed, there may be money waiting for you.
When a property sells at a tax sale for more than the total taxes, fees, and liens owed, the county is legally required to hold those surplus funds for the former owner.
Former owners typically have up to 5 years from the date of the tax sale to claim their surplus funds — acting fast is critical.
Claiming surplus requires filing a formal petition in Superior Court, providing proof of ownership, and satisfying any competing claims from lienholders.
If your property owed $30,000 in back taxes but sold for $95,000 — the $65,000 difference is yours by law.
Why this matters: Georgia counties are not required to proactively notify former owners. Millions sit unclaimed every year. SIMS handles the entire filing process — at no upfront cost.
Georgia's non-judicial foreclosure statute requires that any surplus remaining after the debt, interest, and costs are paid be returned to the former owner.
Georgia allows a redemption period after the foreclosure sale. If no redemption occurs, the sale is finalized and the surplus is released.
The former owner files a claim with the foreclosure trustee or the court to recover the surplus. Competing lien claims may need resolution first.
If your home had a $95,000 mortgage balance and sold at foreclosure auction for $168,000 — the $73,000 surplus belongs to you by law.
Why this matters: Surplus from mortgage foreclosures is easy to miss. Lenders don't volunteer this information. SIMS monitors these cases and files your claim — at no upfront cost.
Tell us about your property. We'll research your case for free and reach out within a week.
We'll investigate your case and reach out within 5-7 business days with our findings.
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