Gwinnett County Tax Sale Excess Funds: A Step-by-Step Guide to Claiming What Is Yours
When a property is sold at a Gwinnett County tax sale for more than the amount owed in back taxes, fees, and costs, the leftover money does not simply disappear. Those funds, commonly called excess funds or surplus funds, may belong to you. Did you know money could be sitting in a county account right now with your name on it? Understanding how the process works is the first step toward getting it back.
What Are Tax Sale Excess Funds and Who Can Claim Them?
A tax sale happens when a property owner falls behind on property taxes and the county sells the property to recover what is owed. If the property sells for more than the total debt, the overage is set aside in a separate account. Under O.C.G.A. § 48-4-5, the following parties may be eligible to claim those funds: the record owner of the property at the time of the tax sale, the record owner of any security deed on the property, and any other party with a recorded equity interest or claim in the property at the time of sale. If you fall into one of those categories, a claim may be filed at any time after the sale, as long as the funds have not yet been awarded to someone else.
How the Claiming Process Works in Gwinnett County
The Gwinnett County Tax Commissioner’s Office manages excess funds claims and makes the process fairly straightforward, though documentation requirements are strict. Here is a general overview of the steps involved:
- Download the current excess funds list from the Gwinnett County Tax Commissioner’s website to confirm funds are available for your property.
- Download the official excess funds claim packet from the same website.
- Complete the claim forms in their entirety, without any alterations.
- Gather supporting documents that establish your ownership interest or recorded claim in the property at the time of the sale.
- Mail the completed packet to the Gwinnett County Tax Commissioner’s Office, Department of Property Tax, P.O. Box 372, Lawrenceville, Georgia 30046.
Keep in mind that Gwinnett County will not accept claim forms from third-party representatives or individuals holding a power of attorney. Only attorneys legally representing the claimant are permitted to submit on a claimant’s behalf.
Important Deadlines You Cannot Afford to Miss
Timing matters significantly in these cases. If excess funds go unclaimed for five years from the date of the tax sale, the county is required under O.C.G.A. § 48-4-5(c) to transfer those funds to the Georgia Department of Revenue’s Unclaimed Property Division. Once that happens, recovering the money becomes considerably more complicated and may require a court order through an interpleader action. Acting sooner rather than later gives you the best opportunity to claim what is yours through the county’s standard process. Also worth knowing: if more than one claim is received, the funds may be held while a judge determines who has priority, which can delay payment.
Ready to Pursue Your Claim? Talk to an Attorney First
The claiming process may look simple on the surface, but documentation errors, competing claims, lien disputes, and situations involving a deceased former property owner can quickly complicate things. If you believe you are owed excess funds from a Gwinnett County tax sale, reaching out to experienced legal help is a wise move before you submit anything. At Evans Law, we are ready to assist you. Our Atlanta excess funds attorneys have helped clients across Georgia identify, pursue, and recover surplus funds they did not even know existed. We encourage you to contact Evans Law today for a free consultation so we can review your situation and help you understand your options.
Source:
gwinnetttaxcommissioner.com/property-tax/tax-sale-excess-funds
