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Norcross Foreclosure Surplus Funds Recovery Attorney

Providing Quality Representation for Decades

Going through foreclosure is undoubtedly a challenging experience. However, in Georgia, there's a potential bright spot: foreclosure surplus funds recovery. This allows the former homeowner to claim any leftover money after the sale of their property satisfies all outstanding debts related to the foreclosure.

Foreclosure surplus fund recovery is a complex and often daunting process. At Schuyler Elliott & Associates, Inc., we understand the challenges and difficulties that can arise. Our attorneys have a deep understanding of the legal landscape and are ready to use this knowledge to your advantage.

What sets our law firm apart from others is our commitment to personalized service. We value the trust that our clients place in us and aim to build relationships based on mutual respect. Our focus is not just on providing legal services but also on being a reliable partner during this challenging time.


To request a free consultation, call (770) 400-9102.


Helping You Obtain Excess Funds from GA Foreclosure

Consider this: the bank sells your foreclosed home for $100,000, but your mortgage debt and associated fees only total $95,000. The remaining $5,000 becomes surplus funds you, the original owner, could be entitled to reclaim.

  • Who qualifies? Generally, if you were the record owner at the time of the foreclosure sale, you might be eligible. However, other parties with recorded lien interests may also have claims. In general, excess funds go toward lienholders, costs associated with the sale, interest and principal of the secured indebtedness, and then to borrowers.

  • How does it work? The process involves filing a claim with the court, usually with the help of a lawyer. They'll research the case, calculate your potential share, and ensure proper legal procedures are followed.

  • Is it guaranteed? Unfortunately, not every foreclosure generates surplus funds. Additionally, other parties with claims can complicate the process. Consulting a lawyer familiar with Georgia foreclosure laws is crucial to assessing your case and navigating the legal intricacies.

  • Why bother? Even a small sum can be a significant help after such a difficult experience. It can offer a financial cushion for rebuilding your credit, starting fresh, or simply moving forward.

How Long Does It Take To Get Surplus Funds?

The timeline for obtaining surplus funds can differ, but it typically ranges from several weeks to a few months. Initially, there is a mandatory waiting period during which all potential claims related to the surplus must be filed. This period gives other lienholders or interested parties the opportunity to assert their claims on these excess funds. After this waiting period concludes, you are then able to formally submit your claim for the surplus funds.

To expedite this process, it's crucial to have all necessary documentation in order, including proof of ownership, identification, and any relevant court documents. Foreclosure surplus funds recovery attorneys in Norcross can assist you in compiling these documents and filing your claim accurately and promptly.

After filing your claim, the court will review the submission to ensure it meets all legal requirements. If approved, the court will authorize the release of the surplus funds to you. This final approval phase can take additional weeks, depending on the court's caseload and administrative processes.

How Long Do You Have to Claim Surplus Funds in Georgia?

In Georgia, the timeframe to claim surplus funds from a foreclosure sale is 5 years. After 5 years, the unclaimed surplus funds will be paid to the State of Georgia. It is crucial to act promptly to ensure you reclaim any excess funds owed to you.

After a foreclosure sale, if the property sells for more than the outstanding mortgage and associated costs, surplus funds are generated. These funds are typically held by the court or trustee overseeing the sale. The former homeowner has the right to claim these surplus funds, but other parties, such as junior lienholders, may also have valid claims.

Acting promptly and seeking professional legal assistance can significantly impact the outcome of your claim. If you're entitled to surplus funds, don’t delay—reach out to our skilled team of Norcross foreclosure surplus fund attorneys to discuss your specific situation and expedite your recovery process.

Benefit from the Counsel of Our Norcross Attorney

Schuyler Elliott & Associates, Inc. is committed to helping our clients understand their legal rights and options and smoothly navigate the legal process.

When you retain our services, you can trust our team to help you with:

  • Understanding the foreclosure process. Schuyler Elliott & Associates, Inc.. can assist clients by clarifying the foreclosure process. This includes explaining the timeline, important dates, and what each step entails, making the process less daunting for our clients.

  • Identifying surplus funds. Our legal team will assist clients in determining whether surplus funds exist following the foreclosure sale. We'll explain how surplus funds are generated and help clients understand the potential amounts they might receive.

  • Handling the preparation and filing of documents. The process of filing a claim for foreclosure surplus funds can be complex and time-consuming. Our team can guide clients through this process, ensuring all necessary documents are correctly completed and submitted on time.

  • Representing you in court. Schuyler Elliott & Associates, Inc.. can represent clients during any hearings or proceedings related to the foreclosure surplus funds. This often involves negotiating with other parties who might also be claiming the funds.

  • Making the process simple. Our team aims to make the process straightforward for our clients. We break down legal jargon into plain English and provide clear answers to any questions our clients may have.

  • Feeling up-to-date on what’s happening with your case. Throughout the process, we keep our clients informed about the progress of their cases. Regular updates and open lines of communication are key in keeping clients at ease during this potentially stressful time.


Learn more about how our firm can help you obtain the funds that are rightfully yours. Call (770) 400-9102.