How Liens and Security Deeds Affect Georgia Excess-Funds Claims
Liens and security deeds can materially affect a Georgia excess-funds claim because distribution may depend on recorded interests and priority. A claimant should not assume that a published excess balance equals the amount ultimately payable to that claimant.
Last reviewed: October 6, 2026. Educational information only; EquityTrace is a private recovery-services company, not a government agency or law firm. Entitlement and procedure depend on the facts, county process, recorded interests, and applicable law.
Start with the record at the time of sale
A useful review starts with the deed chain and searches for security deeds, tax liens, judgments, cancellations, assignments, and other recorded interests affecting the parcel or claimant.
Do not count every filing as an active lien
A filing history can include cancellations, satisfactions, releases, assignments, and older instruments unrelated to the subject parcel. Each record should be matched to the property and read in context.
Security deeds may support a claim
Georgia law requires notice to the record owner of each security deed affecting the property, and recent Georgia appellate authority confirms that a security-deed holder can have rights in excess funds. The exact result still depends on the instrument and priority.
County procedures can require title evidence
For example, Fulton County's published procedure calls for a 50-year title certificate showing the claimant's ownership interest and security deeds or other equity interests or claims of record as of the tax sale date.
Comments