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Georgia Foreclosure Laws

Judicial Yes
Non-Judicial Yes
Process Period 37 Days
Sale Publication 32 Days
Redemption Period None
Sale / NTS Trustee

Judicial Foreclosures: In court foreclosures only occur when there is a problem with the title or a clause is missing from the mortgage or deed of trust. To begin the process the lender must file a petition, which includes a description of the problem, the amount that is owed, as well as a description of the property. The borrower then receives a 30-day written notice, which explains that the amount needs to be paid to the court. If the amount is not paid then the foreclosure sale is scheduled.

Non-Judicial Foreclosures: Out-of-court foreclosures are used more often in Georgia. The lender begins this process scheduling the sale. In Georgia lenders are not required by law to warn the borrower before beginning the process, however it can be stated in the mortgage or deed of trust. If the mortgage or deed trust allows the borrower can stop the foreclosure by paying off the default amount.

Sale: Prior to the sale the notice must be published once a week for four weeks, also 15 days before the sale the borrower must be notified. The notice must include the sale date, time, and location, as well as a description of the property; mortgage information, and the lender and borrower’s names must also be included. Following the sale the borrower has no right to redeem the property.

Additional Information on Georgia Foreclosure