Surplus aka Excess Fund Recovery Attorney | Atlanta, GA

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

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

In order to properly handle these claims often obtaining the records of the Sheriff or Tax Official are necessary to see the amount of funds and any competing claims. We have successfully sued to obtain excess funds and in some case obtained statutory penalties and attorney's fees.