Legal Question in Real Estate Law in Georgia

Re: Mortgage company didn't send overage amount, can I sue?

The first question may be if there was indeed an excess. The amount they are entitled to is the payoff amount, plus costs, penalty fees, legal fees, etc. - all of which is referenced in the loan agreement or the security deed in the power of sale clause.

If there were truly excess funds they might have been paid into the registry of the court, if the lender couldn't find you or if they felt there were other liens or subsidiary claim issues to be resolved. In that case - contact the Superior Court Clerk in the county where the real estate was located.

If none of that applies, you need to track down the lender. Start with the foreclosing law firm and ask them how it was handled.

Re: Mortgage company didn't send overage amount, can I sue?

In addition to fees, interest, attorneys fees, etc., factor in the cost of getting the house ready to sell and any real estate commissions. If you are merely considering what was owed at the time of foreclosure, and the ultimate sale price of the house, you are likely missing several thousand dollars of charges.