Surplus or Excess Fund Recovery

Following a tax sale, any overage of funds, known as ‘excess funds,’ is placed in a separate account. Per O.C.G.A. § 48-4-5, excess funds may be claimed by the record owner of the property at the time of the tax sale and by any other party having any recorded equity interest or claim in such property at the time of the tax sale. A claim may be filed at any time after the sale until the funds are awarded. However, there are many times competing claims for the funds which results in a legal proceeding called and interpleader action.  Each case is evaluated  by our staff to see if  a valid claim  can be filed.  We also handle  surplus funds from mortgage foreclosures  if you have documentation of the opening bid and sales price at the time of auction by the lender. 

Leon Van Gelderen, P.C. has handled hundreds of excess funds claims for owners, lien holders, collection agents and heirs of the owner.

If you are a collection agent, contact us for our  contingent fee requirements.

We have successfully sued to obtain excess funds and in some case obtained statutory penalties and attorney's fees.