DeKalb County Tax Sales: A Guide to Understanding the Process and Recovering Surplus Proceeds
Have you ever wondered what happens when a property sells at a tax sale for more than what the owner owed in back taxes? The answer might surprise you: that leftover money, commonly called surplus proceeds or excess funds, may belong to someone like you. If you or a family member had a property sold at a DeKalb County tax sale, there is a real chance that unclaimed funds are waiting to be recovered.
How DeKalb County Tax Sales Work
When a property owner falls behind on their property taxes, DeKalb County has the authority to sell that property at a public auction to recover the unpaid debt. These auctions are held in front of the DeKalb County Courthouse on the first Tuesday of the month, with legal sale hours running from 9 a.m. to 4 p.m. Bidders must register in advance, either online or in person on the morning of the sale.
The winning bid goes toward satisfying the outstanding tax debt, along with any associated costs and fees. But what happens when the property sells for more than those amounts combined? That is where surplus proceeds come in.
What Are Surplus Proceeds and Who Can Claim Them?
When a tax sale generates more money than what is owed, the remaining balance, known as excess funds, is held by the DeKalb County Tax Commissioner’s Office until a valid claim is filed. Under O.C.G.A. § 48-4-5, those who may be entitled to claim these funds include the record owner of the property at the time of the tax sale, holders of security deeds (such as mortgage companies), and any other party with a recorded equity interest or claim in the property at the time of sale.
It is important to act promptly. Under O.C.G.A. § 48-4-5(c), if excess funds go unclaimed for five years from the date of sale, they are transferred to the Georgia Department of Revenue’s Unclaimed Property Division. Once that happens, recovering the funds becomes significantly more complicated, typically requiring a court order through an interpleader action.
What to Know Before Filing a Claim
The claims process in DeKalb County has specific requirements worth understanding before you begin:
- Claims must be filed by the party entitled to receive the funds or their Georgia-licensed attorney. Powers of attorney are not accepted.
- If competing claims arise, the Tax Commissioner may interplead the funds with the Superior Court, at which point the Tax Commissioner’s Office can no longer provide case updates.
- Claims are evaluated individually based on all documentation presented, and processing timelines can vary.
- All claims are reviewed case by case, and documentation proving ownership or a legal interest in the property is essential.
Gathering complete records, including deed documentation and any recorded liens, will be important to moving your claim forward.
Ready to Find Out If You Are Owed Money? Talk to Evans Law.
Navigating the DeKalb County excess funds process can be more complex than it appears, especially if competing claims are involved or the original property owner has passed away. That is why we encourage you to reach out to Atlanta excess funds attorneys who understand Georgia law and have a track record of helping clients recover what they are owed. At Evans Law, we work with property owners and heirs across Georgia to identify, pursue, and recover excess funds. If you believe surplus proceeds from a DeKalb County tax sale may belong to you or your family, contact us today for a free consultation. We are here to help.
Source:
dekalbtax.org/excess-funds
