Georgia Tax Sale Excess Funds Intelligence
Structured daily tracking of sheriff and tax commissioner auction overages across Fulton, Gwinnett, Cobb, and DeKalb counties.
Georgia Statutory Procedure (O.C.G.A. § 48-4-5)
Under Official Code of Georgia Annotated (O.C.G.A.) § 48-4-5, when real property is sold at a tax sale and produces proceeds in excess of taxes, penalties, interest, and costs, the officer conducting the sale (the Sheriff or Ex-Officio Sheriff) must hold the excess funds for payment to the proper parties.
Claim Priority in Georgia
- Superior recorded lienholders and Security Deed holders.
- Judgment creditors of record.
- The record titleholder on the date of the tax levy.
Interpleader Actions
If there are conflicting claims or competing security deed interests, the officer conducting the sale may file an interpleader action in the superior court to determine priority and distribute funds.
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