The Tax Sale Excess Funds claim packet is the form the Gwinnett County Tax Commissioner uses for claims to the money left over after a tax sale. It is one of the Gwinnett County property tax forms handled by the Department of Property Tax, and it centers on a sworn claimant affidavit. Record owners, security deed holders and others with a recorded interest in the property at the time of the sale use it. 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 Tax Commissioner.
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What is Tax Sale Excess Funds – Gwinnett County, GA?
The Tax Sale Excess Funds claim packet is the Gwinnett County Tax Commissioner's Department of Property Tax form for claiming excess funds, the overage of money held in a separate account after a tax sale held by the Tax Commissioner.
The packet opens with a cover page that explains the process, followed by an Affidavit of the claimant under the heading State of Georgia, County of Gwinnett. On the affidavit the claimant gives identifying details (name, cell phone number, address, parcel identification number, tax sale date and property address) and states the reason they are entitled to the funds. Nine sworn acknowledgements follow. They cover the claimant's status as record owner, security interest holder or equity interest holder; the attached identification; the absence of senior liens or claims; a hold-harmless and indemnity agreement; no pending lawsuits, garnishments or bankruptcies; the Tax Commissioner's right to set off past-due obligations; repayment if entitlement is successfully challenged; and the right to interplead the funds into Gwinnett County Superior Court under O.C.G.A. § 48-4-5. The form states that false swearing is punishable as a felony under O.C.G.A. § 16-10-71, and it ends with a notary block.
The packet applies only to excess funds from tax sales held by the Gwinnett County Tax Commissioner. The Tax Commissioner's office states that it does not host foreclosure sales and has no information about foreclosure sale excess funds.
Who needs to file Tax Sale Excess Funds – Gwinnett County, GA?
The people who may claim excess funds under O.C.G.A. § 48-4-5, as the Tax Commissioner's packet states, are:
- the record owner of the property at the time of the tax sale;
- the record owner of each security deed affecting the property;
- any other party with a recorded equity interest or claim in the property at the time of the tax sale.
You are not required to pay or be represented by a third party to claim excess funds. If an attorney or other third party represents you, you must still sign the affidavit and submit a copy of your valid U.S. government-issued identification or foreign passport.
Payment is made and sent only to the record owner of the property or to other parties who held a lien holder interest at the time of the tax sale. The affidavit has a line for the legal name of an entity with a lien holder interest, to be filled in if applicable.
Do not use this packet for foreclosure sale excess funds: the Tax Commissioner's office says it has no information about them.
When to file Tax Sale Excess Funds – Gwinnett County, GA
You may file a claim at any time after the tax sale until the funds are awarded. The packet sets no other deadline, so the practical limit is the award of the funds.
After you file, timing depends on review. When deemed appropriate, claims go to the Gwinnett County Law Department for review and research before funds are disbursed. If more than one claim is received, a judge may decide who receives the funds. The Tax Commissioner states that any necessary legal review will affect the timing of payment. No processing time is given.
The affidavit asks for the tax sale date, so have it ready before you start. The Tax Commissioner's page also offers a current listing of tax sale excess funds for download.
Documents you need
- A copy of your valid driver's license, or other valid U.S. government-issued identification, or a foreign passport. Claims without it will not be accepted.
- Supporting documentation for the reason you are entitled to the funds, as the affidavit line "Reason you are entitled to receive funds (attach supporting documentation)" directs.
- If an attorney or third party represents you: your own signed affidavit and a copy of your identification, which are still required.
How to fill out Tax Sale Excess Funds – Gwinnett County, GA
Confirm you are eligible to claim
You must be the record owner at the time of the tax sale, a record owner of a security deed, or a party with a recorded equity interest or claim. Do not change any wording on the form.
Enter claimant name and phone
On the Affidavit line, write the Name of Claimant and your Cell Phone Number.
Add the lien holder entity, if any
If a lien holder entity is claiming, write its legal name on the line for Legal Name of Entity with Lien Holder Interest, if applicable. Otherwise leave it as the form allows.
Enter your address
Fill in the Street Address, which is required. Add a P.O. Box only if you wish (optional), then City, State and Zip.
Enter parcel ID and tax sale date
Write the Parcel Identification Number and the Tax Sale Date in the two lines provided.
Write the property address
Enter the full address of the property that was sold at the tax sale.
State your reason for entitlement
On the line for the reason you are entitled to receive funds, explain your basis, such as your ownership or recorded interest, and attach supporting documentation.
Read the sworn acknowledgements
Read items 1 through 9, including the hold-harmless agreement, the right of set-off and the felony warning for false swearing. Your signature confirms them under oath.
Date, print your name and sign
Complete the "This ___ day of ___" line, print the Claimant's Printed Name and add the Claimant's Signature.
Complete the notary block
The form's "Sworn to and subscribed before me" section is completed by a Notary Public, with the date and Notary Seal.
Review, download and assemble
Check that every field is complete and nothing is altered, then download or print the completed PDF from FillingPDF. Attach a copy of your ID and supporting documents and mail the package as described under How to submit.
How to submit Tax Sale Excess Funds – Gwinnett County, GA
The packet names one channel for returning the claim: mail to the Tax Commissioner's Department of Property Tax.
- By mail: send the completed claim form and your supporting documents to Bridgette Robinson, Gwinnett County Tax Commissioner's Office, Department of Property Tax, P.O. Box 372, Lawrenceville, Georgia 30046.
Return the form complete and unaltered. The Tax Commissioner will not accept forms that are incomplete or altered in any way, or claims that arrive without the required supporting documentation, including a copy of your identification. The packet does not state a fee for claiming excess funds.
The letterhead lists the office at 75 Langley Drive, Lawrenceville GA 30046, phone 770-822-8800, fax 770-822-7292 and email [email protected], and the website is www.GwinnettTaxCommissioner.com. Use these for questions; the packet does not name them as claim-filing channels. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Submitting the claim form with blank fields; the Tax Commissioner will not accept forms that are not completed in their entirety.
- Altering the form in any way, including changing its wording; altered forms will not be accepted.
- Mailing the claim without a copy of your valid U.S. government-issued ID or foreign passport.
- Assuming an attorney or third party can sign in your place; represented claimants must still sign the affidavit and submit ID.
- Leaving out supporting documentation for the reason you are entitled to the funds.
- Leaving the Street Address line blank; it is marked Required, while the P.O. Box line is optional.
- Using the packet for foreclosure sale excess funds; the Tax Commissioner has no information on those.
- Signing the sworn affidavit with statements you cannot support; the form says false swearing is punishable as a felony under O.C.G.A. § 16-10-71.
Frequently asked questions
Who can claim tax sale excess funds in Gwinnett County?
The record owner at the time of the tax sale, the record owner of each security deed on the property, and any other party with a recorded equity interest or claim at that time may claim, per O.C.G.A. § 48-4-5. Payment goes only to the record owner or to parties with a lien holder interest.
What are excess funds after a tax sale?
Excess funds are the overage of money left after a tax sale held by the Gwinnett County Tax Commissioner. The overage is placed in a separate account until it is awarded to a rightful claimant through the claim process.
Is there a deadline to file an excess funds claim in Gwinnett County?
A claim may be filed at any time after the sale until the funds are awarded. The packet gives no other deadline, so file as soon as you can, since an award ends the opportunity to claim.
Do I need an attorney to claim excess funds?
No. The Tax Commissioner states you are not required to pay or be represented by any third party. If you do use an attorney or other representative, you must still sign the affidavit and submit a copy of your valid ID or foreign passport.
What do I need to send with the excess funds claim form?
Send a copy of your valid driver's license, other valid U.S. government-issued identification or a foreign passport, plus supporting documentation for your reason for entitlement. Claims without the required documentation will not be accepted.
Where do I mail the excess funds claim form in Gwinnett County?
Mail it with supporting documents to Bridgette Robinson, Gwinnett County Tax Commissioner's Office, Department of Property Tax, P.O. Box 372, Lawrenceville, Georgia 30046. Return it complete and unaltered.
How long does it take to receive excess funds?
The packet gives no set time. Claims may go to the Gwinnett County Law Department for review, and if several claims arrive a judge may decide who receives the funds. Any necessary legal review will affect when the funds are paid.
Can I fill out the excess funds claim form online on FillingPDF?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of the Gwinnett County Tax Commissioner and does not file your claim; you mail the completed packet to the Tax Commissioner yourself.
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