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, by the record owner of each security deed affecting the property, 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.
Claim forms must be returned to the tax commissioner’s office completed in their entirety and in an unaltered state. Forms that are not complete or altered in any way will not be accepted.
Claim forms are not accepted from third parties, except in the case of an attorney who is legally representing the claimant in the matter. The tax commissioner’s office does not recognize a legal relationship of “representation” by an asset recovery firm, nor by an individual who has been granted Power of Attorney.
Please note that you are not required to pay, or be represented by, any third party in order to claim excess funds.
When deemed appropriate, excess funds claims are submitted to the Gwinnett County Law Department for review and research before funds are disbursed. If more than one claim is received, a judge may determine who will receive the funds. Any necessary legal review of excess funds claims will affect the timing of the payment of those funds.
Payment of excess funds will be made and sent only to the record owner of the property, or to other parties having a lien holder interest at the time of the tax sale.
Completed claim forms, along with supporting documents, should be sent to:
Robin Cook
Gwinnett County Tax Commissioner’s Office
Department of Property Tax
P.O. Box 372
Lawrenceville, Georgia 30046