Schuyler Elliott& Associates
Practice Area

Mortgage Foreclosure Surplus Funds Recovery

When a Georgia property sells at foreclosure for more than the debt secured, surplus funds may remain.

Under Georgia law, when a lender forecloses on a mortgage or deed to secure debt, the property is sold at a public auction. If the winning bid exceeds the principal balance, interest, fees, and costs of sale, the remaining money is classified as surplus proceeds.

These funds do not automatically belong to the lender or the foreclosure trustee. Subject to valid claims by junior lienholders, the former property owner or their legal successors may have a right to claim the surplus.

How Our Legal Team Helps

  • Reviewing sale records and distribution accounting
  • Evaluating junior liens and claim priority
  • Preparing formal claim petitions and supporting affidavits
  • Representing your interests with the trustee or in court
Surplus funds are not generated in every foreclosure. Recovery depends on the actual sale price, debt owed, lien priority, and verified records.
CallTextBook