What documentation is needed to prove ownership when filing a surplus funds claim in GA?

Detailed Answer

When a Georgia foreclosure sale generates money above what is needed to satisfy the foreclosing creditor, those excess proceeds (commonly called “surplus funds” or “excess proceeds”) can be claimed by people or entities with a legal interest in the property or its proceeds. The claimant bears the burden of proving entitlement. Below is a practical, FAQ-style explanation of the documents typically required to prove ownership or a legal interest when filing a surplus funds claim in Georgia.

Who commonly claims surplus funds?

• Title owner(s) of the foreclosed property (the former homeowner).
• Heirs or personal representatives of a deceased owner.
• Surviving joint owners or tenants by the entirety.
• Trustees or beneficiaries of a trust that owned the property.
• Junior lienholders, judgment creditors, or assignees who had a recorded interest.
• Businesses (LLCs, corporations) that owned the property.

Where are surplus funds handled in Georgia?

Who holds the funds depends on how the foreclosure sale was conducted. Often the sale proceeds are paid to the attorney or trustee who conducted the sale and then deposited with the appropriate court or county official. Claim procedures can differ by county. Claimants should start by contacting the clerk of the superior court or the office that handled the sale to learn the local claim procedure.

Relevant Georgia statutes governing foreclosure sales and disposition of sale proceeds include the Official Code of Georgia Annotated (O.C.G.A.) provisions for sales under power. For statutory text, see O.C.G.A. Title 44, Chapter 14 (examples: O.C.G.A. § 44-14-160 et seq.). See: O.C.G.A. § 44-14-161.

Core documents to prove ownership or entitlement

The exact set of documents a claimant must provide varies with the claimant’s status. Below are common document lists organized by claimant type. In all cases, provide both original and certified/recorded copies when possible, and include government-issued photo ID for every natural-person claimant.

1) Former owner (individual person)

• Government-issued photo ID (driver’s license, passport).
• Recorded deed showing ownership at or before the time of the foreclosure (warranty deed, quitclaim deed, or security deed).
• Property tax bill or county property record showing ownership (supports identity and ownership history).
• Closing statements, mortgage/security deed, or promissory note (if relevant to show interest).
• Signed affidavit of ownership or claim (courts/clerks often require a sworn statement describing your interest and relationship to the property).

2) Heirs or personal representatives (owner is deceased)

• Death certificate for the deceased owner (certified).
• Letters testamentary or letters of administration issued by the probate court, or a certified copy of the probate court order appointing the personal representative.
• If there is no probate, a court-issued order or a notarized affidavit of heirship that meets county requirements (some clerks accept an affidavit of heirship plus other proof, but probate documents are stronger).
• Recorded deed history showing the decedent’s ownership.

3) Trustee or beneficiary of a trust

• Certificate of trust or a copy of the trust document (or a limited portion that identifies the trust and the trustee’s authority). Many clerks accept a signed certificate of trust rather than the full trust.
• Recorded deed showing the trust owned the property (or other proof that trust owned the property at the time of sale).
• Trustee’s government-issued photo ID.

4) Holder of power of attorney or agent

• Original or certified durable power of attorney that specifically authorizes the agent to pursue claims and handle real property proceeds.
• Agent’s government-issued photo ID.
• If the power of attorney is executed out-of-state, you may need a Georgia-compliant or notarized/acknowledged copy; check local clerk requirements.

5) Business owner (LLC, corporation, partnership)

• Articles of formation/incorporation or certificate of authority showing the entity’s existence.
• Certificate of good standing (if required by the clerk).
• Corporate or LLC resolution authorizing the named person to claim funds on the entity’s behalf (signed and notarized).
• Government-issued photo ID of the authorized representative.
• If the interest arose by assignment, the recorded assignment documents or other evidence of transfer of the lien/interest.

6) Junior lienholder, judgment creditor, or assignee

• Recorded mortgage, judgment, assignment, or other documentary evidence of the interest.
• Chain-of-title documents showing when your lien was recorded relative to the foreclosure.
• Proof of payment or settlement agreements if claiming by assignment.

Additional documents and steps often required

• Claim form: many clerks or custodians require a signed claim form that identifies the claimant, the claim amount, and the basis for the claim.
• Notarized affidavit of entitlement: a sworn statement describing the claimant’s interest, dates, and connection to the property.
• Proof of social security number or taxpayer identification (some offices require this to process disbursements).
• Original or certified copies of recorded documents whenever possible (clerk offices often insist on recorded instrument copies from the county recorder).
• If multiple claimants exist, you may need a court determination resolving competing claims; the clerk may deposit funds under court supervision until priorities are resolved.

Practical tips on submitting a claim

• Contact the clerk of the superior court (or the county office that handled sale proceeds) first to request the exact submission checklist. Counties can have different administrative requirements.
• Bring certified copies of recorded deeds, death certificates, probate letters, and certificates of trust. Original ID must be presented for identity verification.
• If you are representing an entity or acting under a power of attorney, bring a notarized authorization or corporate resolution and a photo ID.
• Get documents certified or obtain certified copies from the county recorder or registrar to avoid delays.
• If you cannot produce probate paperwork, ask the clerk whether an affidavit of heirship is acceptable or whether you must open a probate action.

Timing and priorities

Georgia law and practice prioritize who gets surplus funds based on recorded interests and established legal rights. The former fee owner typically has the highest priority. Junior lienholders or assignees may claim in priority order. When multiple competing claims exist, the custodian of the funds (often the clerk or a court) may require litigation to determine entitlement. Filing a claim promptly reduces the chance that the funds are disbursed to another claimant or become harder to retrieve.

When you may need a court order

If the custodian refuses to release funds because of competing claims or insufficient documentation, you may need to file a petition in the superior court asking the court to determine entitlement and order disbursement. In those cases, the court will review documentary and testimonial evidence and issue a judgment directing payment.

Key Georgia statute reference

See O.C.G.A. Title 44, Chapter 14 addressing sales under power and related procedures and disposition of proceeds. A commonly-cited provision on distribution of sale proceeds is O.C.G.A. § 44-14-161 (and related sections). Official text: https://www.legis.ga.gov/legislation/ocga/44-14-161. For additional statutory context, review Title 44, Chapter 14 on the Georgia General Assembly website: https://www.legis.ga.gov/legislation/ocga.

Disclaimer: I am not a lawyer. This article provides general information about Georgia procedures and common documentary requirements for surplus funds claims. It is not legal advice. For help with a particular claim, consult a licensed Georgia attorney or contact your county clerk of superior court.

Helpful Hints

• Always start by calling the county clerk (or the office holding the funds) to request their claim checklist and the name of the custodian of funds.
• Carry certified copies of recorded deeds and certified death or probate documents — uncertified photocopies often cause delays.
• If the owner is deceased, open a probate case if possible; probate letters make claims much easier.
• Trust claims usually require a certificate of trust and trustee ID rather than the full trust document.
• If acting as an agent, make sure the power of attorney explicitly authorizes you to claim funds from foreclosures.
• Keep originals of anything you submit and a receipt for any documents delivered to a county office.
• When multiple parties could claim the funds, consider getting written agreements among claimants or seek a court order to avoid future disputes.
• If the county requires a court filing to resolve competing claims, get local counsel — courts will apply statutory priority rules and case law that can be technical.