The Request for Excess Funds is the claim form the Cobb County Tax Commissioner uses when a property sold at tax sale brings in more than the taxes owed. It is one of the Cobb County property tax forms, and it is meant for the legal owner, a lien holder or another party with a recorded interest in the property at the time of the sale. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the packet itself is published by the Cobb County Tax Commissioner, and the request is returned to that office.
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What is Request for Excess Funds – Cobb County, GA?
The Request for Excess Funds is the form, issued by the Cobb County Tax Commissioner, that an owner, lien holder or other party with a recorded interest uses to claim money left over after a property is sold at tax sale.
Excess funds arise when a property's tax deed is sold by local officials for unpaid taxes and the winning bid is greater than the taxes due. The form appears in the Cobb County Excess Funds Request Packet, which also explains who may claim the money, cites Georgia law (O.C.G.A. § 48-4-5) and describes what happens next.
Filing the request does not mean the Tax Commissioner pays you directly. The packet explains that the excess funds are paid (interpled) into the Cobb County Superior Court. Everyone who makes a claim is shown as a party to the interpleader, and the funds are transferred to the County Attorney's Office, which releases the Tax Commissioner from further decisions. The court then distributes the money to the intended parties as their interests appear and in their order of priority. The cost of that litigation, including reasonable attorney's fees, is paid from the excess funds upon order of the court.
The form asks for the requestor's status, the property address, the parcel ID, the date of the tax sale and a statement of why you are entitled to the funds.
Who needs to file Request for Excess Funds – Cobb County, GA?
You use this form if you were the legal owner of the property at the time of the tax sale, a lien holder, or a party with a recorded equity interest or claim in the property at that time. The form has a Status line with three choices: LEGAL OWNER, LIEN HOLDER and INTERESTED PARTY (Describe).
Payment is made only to the record owner of the property at the time of the tax sale or to other parties with a lien holder interest. Excess checks are payable only to record owners or lien holders.
Representatives are limited. The Tax Commissioner does not recognize a legal relationship of "representation" with an asset recovery firm or with an individual holding a Power of Attorney, and cannot release information about your case to them. The owner's signature line reads "Not Power of Attorney." You do not have to pay an asset recovery firm to claim your excess funds. Once the funds are in court, an owner or lien holder may file a response, appear at the Rule Nisi hearing personally or employ an attorney.
The packet's letter notes that a lien holder or taxing authority does not need to attach a driver's license.
When to file Request for Excess Funds – Cobb County, GA
Submit the request after a tax sale of the property has produced excess funds. Under the Georgia statute quoted in the packet, the officer who sold the property sends written notice of the excess funds by first-class mail within 30 days after the tax sale to the record owner, to security deed holders and to others with a recorded interest or claim.
The form prints no deadline for returning the request. The Cobb County Tax Commissioner publishes an Excess Funds list that is updated monthly, so you can check there whether a sale produced funds. The agency's page also says that unclaimed funds dated before June 30, 2012 were reported and sent to the Georgia Department of Revenue, under O.C.G.A. § 44-12-190.
After you submit, the office says it usually acknowledges the request in writing within 72 hours, and its page says all requests are answered within 1 to 3 business days.
Documents you need
- A copy of the requestor's driver's license, attached to the request. Lien holders and taxing authorities are excepted; the form says the request cannot be processed without the copy for everyone else.
How to fill out Request for Excess Funds – Cobb County, GA
Enter today's date and requestor name
At the top, fill in Today's Date and Name of Requestor. For a company claim, the packet asks for the full legal name of the owner making the claim.
Mark your status
Choose LEGAL OWNER, LIEN HOLDER or INTERESTED PARTY. If you choose the last, describe your interest in the space provided.
Add your contact details
Enter your Phone and Email, then the Address to Mail Check, which is where any check will be sent.
Identify the property and sale
Enter the Property Address, the Parcel ID and the Date of Tax Sale.
Explain why you are entitled
In State why you are entitled to these funds, give a clear statement of the basis for your claim, for example your ownership or lien at the time of the tax sale.
Enter the owner's current information
Fill in Current Mailing Address of Owner, Phone of Owner and Email of Owner.
Sign as the owner
Sign on Signature of Owner (Not Power of Attorney). A Power of Attorney does not sign here.
Prepare your driver's license copy
Make a copy of your driver's license to attach. Lien holders and taxing authorities do not need to attach one.
Review and download the completed PDF
Check names, parcel ID and sale date, then download or print the completed PDF from FillingPDF and send it as described under How to submit.
How to submit Request for Excess Funds – Cobb County, GA
You return the completed form by email to the Delinquent Collections Department, with a copy of your driver's license attached unless you are a lien holder or taxing authority.
- Email: send the form to [email protected]. The form says it cannot process the request without a copy of the requestor's driver's license, except for lien holders or taxing authorities.
- Acknowledgment: you will receive a written acknowledgment once the request has been received and reviewed, usually within 72 hours. If it has been longer than 3 business days, call (770) 528-8677.
- Levy office: the agency's page says to contact the Levy office directly at (770) 528-8623 if you have had no response after 3 business days.
The packet letterhead lists the office as ATTN: Levy Department, PO Box 100127, Marietta, GA 30061, with the website www.cobbtax.gov; the form itself names email as the way to return it. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Sending the request without a copy of the requestor's driver's license when you are not a lien holder or taxing authority; the form says it cannot be processed without it.
- Having an asset recovery firm or a Power of Attorney sign as the owner; the signature line reads "Not Power of Attorney."
- Expecting the Tax Commissioner to release case information to an asset recovery firm or Power of Attorney, which it does not recognize as representation.
- Leaving the "State why you are entitled to these funds" line blank or vague; the packet asks for a clear statement of why you are entitled.
- Omitting the parcel ID, the property address or the date of the tax sale, which the packet lists as information needed to process a claim.
- Claiming as an interested party without describing your interest on the INTERESTED PARTY (Describe) line.
- Expecting a check payable to someone other than the record owner or a lien holder; excess checks are made payable only to them.
- Waiting without follow-up when no acknowledgment arrives; call (770) 528-8677 if it has been longer than 3 business days.
Frequently asked questions
What is the Cobb County Request for Excess Funds?
It is the claim form from the Cobb County Tax Commissioner for money left over when a property sold at tax sale for more than the taxes due. Owners, lien holders and others with a recorded interest at the time of the sale use it to ask for those funds.
Who can claim excess funds from a Cobb County tax sale?
The legal owner, a lien holder, or a party with a recorded equity interest or claim in the property at the time of the tax sale. Payment goes only to the record owner or lien holders, and checks are made payable only to them.
Do I need an asset recovery firm to claim excess funds?
No. The packet states that you do not have to pay an asset recovery firm to claim your excess funds. The Tax Commissioner also does not recognize an asset recovery firm or a Power of Attorney as your representative.
Where do I send the Request for Excess Funds?
Email it to the Delinquent Collections Department at [email protected], with a copy of your driver's license unless you are a lien holder or taxing authority. The form names no other return channel.
What do I need to attach to the excess funds request?
A copy of the requestor's driver's license. Lien holders and taxing authorities are excepted. The form states the office cannot process the request without the copy from everyone else.
How long does it take to hear back on an excess funds request?
The form says you will usually get a written acknowledgment within 72 hours, and the agency page says requests are answered in 1 to 3 business days. After 3 business days, call (770) 528-8677 or the Levy office at (770) 528-8623.
Will the Tax Commissioner pay me directly after I file?
Not necessarily. The packet says the excess funds are paid (interpled) into the Cobb County Superior Court. Claimants become parties to the interpleader, and the court distributes the funds by priority of interest. Parties are notified of the Rule Nisi hearing.
Can I fill out the Request for Excess Funds online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of the Cobb County Tax Commissioner and does not submit the request; you email it to the office yourself.
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