I am asking a question about a situation in Georgia.
I am the court appointed Administrator for my father's estate.
In 2004 a Loan
Company filed for a judgment against my father for a small loan that was made previously, and then subsequently was defaulted on by my father. There were no other signers on the loan. My father had very little means of support, and when he passed in April of 2008 all he had was the house and land on which he lived. He was also delinquent on the property taxes for his property. In 2010, the Loan Company filed a fi fa with the Sheriff, in an attempt to levy his property and possessions
to collect the debt. The Sheriff responded to the fi fa by stating that there were no assets to levy. In 2011 the property was sold by the county Tax Commissioner for back taxes. We assumed that the property was sold for the taxes and that was that. As we have just discovered there was an excess above the taxes due that is presently held by the county.
We have found in the records the original UCC filing and the recording of the Judgment, and the levy attempt in 2010. It is our understand that a UCC filing and Judgment is only good for a certain period of time. We can find NO record of the Loan Company ever renewing the lien or the Judgment, anywhere in the records. And, since the tax sale in 2011, there is no record of the Loan Company attempting to collect on the excess funds at the Tax Commissioner's office.
Since time is now growing short before the funds escheat to the county, we are wondering, if the Loan Company has any right to them, or has their right to collect on the judgment expired, since it was not renewed.