Our Approach to Fighting for Your Right to Surplus Foreclosure Funds
At our firm, we are guided by qualities that ensure your case is handled efficiently and compassionately. As an experienced foreclosure attorney, Attorney Schuyler Elliot has built an approach focused on:
- Transparency. Clear communication is at the heart of what we do. You’ll always know the status of your case, what steps we’re taking, and what to expect next.
- Efficiency. Timeliness matters when dealing with surplus funds. Our streamlined processes ensure we file your claim promptly and accurately, minimizing delays.
- Strategic Advocacy. We take a thorough approach to documentation and legal filings, building a strong foundation for your claim. By acting proactively, we address potential challenges before they arise.
- Compassion. You’re more than just a client to us. We understand the emotional toll foreclosure takes and strive to ease your burden by helping you secure the financial resources you need to start anew.
These principles have allowed us to successfully help clients across Georgia collect funds that otherwise might have gone unclaimed.
Call (770) 400-9102 or contact us online to schedule a free consultation with an Athens-Clarke County excess foreclosure funds attorney.
Over 30 Years of Providing Client-Focused Advocacy
We’ve been helping people in Georgia since 1993, and our decades of experience have taught us how to offer top-notch legal support while keeping our clients comfortable and informed. Here’s how we keep your needs first:
- Free Initial Consultation. We start by offering a free consultation so we can evaluate your case at no cost to you. This allows you to understand your options before you commit.
- Affordable Pricing. Our foreclosure surplus recovery services are competitively priced, reflecting our commitment to making professional legal help accessible.
- Virtual Consultations. For added convenience, we offer remote consultations, ensuring you can meet with us wherever you are.
- Availability When You Need It. Life doesn’t always fit into a 9-to-5 schedule. That’s why we’re available to schedule consultations 24/7.
The Process of Claiming Excess Foreclosure Funds in Athens-Clarke County
Navigating the process of recovering surplus foreclosure funds in Athens-Clarke County can be complicated, but understanding what to expect can make it much smoother. Here’s a step-by-step breakdown tailored to Georgia’s legal framework:
- Foreclosure Sale. Once your property is foreclosed, it will be sold, and any excess proceeds will be held by the Athens-Clarke County Tax Commissioner’s Office. Before you can claim these funds, at least 30 days must pass for the foreclosure sale to be finalized.
- Notification of Surplus Funds. Within a few weeks of the sale, the Tax Commissioner’s Office will send out a Notice of Surplus Funds containing essential information about the amount of excess proceeds and how to make a claim.
- Filing Your Claim. You’ll need to submit a written application to the Athens-Clarke County Tax Commissioner.
- Court Hearing (if needed). If there are no disputes, your funds can be released within 4-6 weeks. However, if another party objects to your claim, the matter may need to go to court.
- Distribution of Funds. After the court’s approval and the resolution of any disputes, your surplus funds will be released to you or your attorney on record.
Who Can Claim Excess Foreclosure Funds in Athens-Clarke County?
The eligibility for surplus funds depends primarily on the following factors:
- Former Owners - If you owned the property when it was foreclosed, you are usually the first in line to claim the excess funds. However, you must show proof of ownership and comply with all application requirements.
- Lienholders - If there are lienholders with financial claims on the property, they may also have a right to the surplus money.
- Competing Claims - Multiple claimants can further complicate the distribution of funds. When this happens, the court typically decides how the funds will be distributed.
Attorney Schuyler Elliot can help you clarify your entitlement and ensure your claim is substantiated with all necessary documentation.
Frequently Asked Questions
Is there a deadline to claim my surplus funds?
Yes. Foreclosure surplus claims in Georgia must generally be filed within a limited timeframe following the foreclosure sale. Acting promptly is essential to avoid losing your entitlement.
What happens if there’s a dispute over the surplus funds?
If competing claims arise, the Tax Commissioner can interplead the funds into the Superior Court of Athens-Clarke County for resolution. Our firm can represent you in these proceedings to protect your rights.
Can I ask third-parties to claim the funds on my behalf?
In Georgia, only your attorney can submit surplus claim forms on your behalf. Asset recovery firms or individuals with Power of Attorney are not recognized as legal representatives.
What documentation do I need to provide?
You will need a notarized statement, proof of ownership, valid identification, a completed W-9 form, and a Certificate of Title prepared by a Georgia attorney. Our office simplifies this for you by managing all required paperwork.
Can I get my funds if I have outstanding debts or liens?
This depends. If there are unresolved debts tied to the foreclosed property, they may reduce the amount of surplus funds you’re entitled to. Our attorneys will review your situation to determine the best path forward.
How long does it take to receive the funds?
The timeline can vary based on the complexity of your claim. Straightforward cases may resolve within a few weeks, but disputes or additional hearings can extend this to several months.
We’re here to help make sure this money gets back where it belongs: in your hands. Contact us online or call (770) 400-9102 for a free consultation.
Client-FocusedBacked by 20+ years’ experience, our foreclosure lawyer is always available to start on your case right away.
