Finding Foreclosure Help in Georgia

Finding Foreclosure Help in Georgia

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Atlanta Regional Office

Five Points Plaza Building

40 Marietta Street
Atlanta, GA 30303

Phone: (404) 331-5136
Email: GA_Webmanager@hud.gov

Fax: (404) 730-2392
TDD: (404) 730-2654

Jurisdiction: State of Georgia

Ed Jennings, Jr.

Regional Administrator

Office Hours : 8:00 a.m. to 4:30 p.m.,

Monday through Friday

Georgia Foreclosure Laws Summary

Quick Facts:

Judicial foreclosure process is available.
Non-judicial foreclosure process is available.
The primary security instruments are mortgages and deeds of trust.
The timeline can vary by process, which typically takes 90 days.
The borrower’s has rights of redemption varies by process.
The lender may sue for deficiency judgements but varies by process.
Lenders may use the judicial or non-judicial process to foreclose on mortgages in default in Georgia.

Judicial Foreclosure
The judicial foreclosure process is used when there is no power of sale clause in a mortgage deal. The lender files a lawsuit to obtain a court order to foreclose. Once this is approved, the property can be auctioned off to the highest bidder.

Non-Judicial Foreclosure
When a power of sale clause is present in a mortgage deal, the non-judicial foreclosure process is used. This clause just means that the borrower has pre-authorized the sale of the property in the event of his default. The power to sell the property goes to the lender or a representative, usually referred to as a trustee.

Power of Sale Foreclosure Guidelines
Unless the power of sale clause specifies the time, date and terms of sale, the non-judicial foreclosure process must be carried out as follows:

A notice of sale must be sent to the borrower at least 15 days before the date of sale. Waiver or release rights cannot be considered valid if the dates are the same as the original documents. The counting starts from the day that the letter is postmarked.

A notice of sale must also be published in the county newspaper where the property is located, once a week for 4 consecutive weeks. The sale must take place on the first Tuesday of the month, and anytime between 10am-4pm in front of the county courthouse.

Deficiency suits may be filed in Georgia.