Foreclosures in Georgia


If you think that you might be in danger of foreclosure because you’ve fallen behind on your mortgage payments, or you’ve already received a notice of intent to foreclosure, then please contact our firm right away for assistance. Dealing with real estate law is extremely complex and requires the attention of a skilled foreclosure attorney.To understand the next steps of the process, here is a simple breakdown of what you can expect:

┬áIn Georgia, foreclosure is a simple process for banks. In most cases, all they have to do is send you a notice of intent to foreclosure with a certain time frame. If the borrower doesn’t pay back the money that they owe and reinstate the loan, the bank can run a foreclosure ad for four weeks, then foreclose on the first Tuesday of the following month.

If the bank doesn’t follow proper procedure; however, then the sale is invalid. The key to avoiding a foreclosure is to stop the foreclosure sale before it is complete.

Foreclosure law is extremely complicated and many people feel like they just need more time to modify their loan, find mistakes, negotiate with the lender, or get help from family & friends. Whatever the case may be, you should call our foreclosure attorneys as soon as possible. We have 30 years of experience in handling foreclosure & bankruptcy cases.
The foreclosure process moves quickly and the earlier you contact us, the better chance we will have of stopping the foreclosure. Get your free consultation with our firm so we can discuss your specific situation and your options.

  1. The lender sends a 30-day notice of intent to foreclosure. 30 days before the lender scheduled the foreclosure sale, the lender must inform the borrower through a notice of the initiation of proceedings to exercise a power of sale. The lender has specific guidelines in which they must provide this notice. If those guidelines are not followed, then the notice can be invalidated. Talk to our firm to find out these guidelines and if your notice was not delivered properly.
  2. The lender must publicize the sale. The foreclosure must be publicly advertised for at least four weeks in the official county newspaper where the property is located. This only has to be done once a week in the month before the scheduled sale.
  3. The borrower has the option to reinstate the loan. While Georgia residents don’t have the right to reinstate the loan before the scheduled sale, expect under limited circumstances, they do have the right to pay back the money owed and reinstate the loan. Usually this can be done up to 5 days before the foreclosure sale.
  4. The lender can hold a foreclosure sale. If the borrower did not have the ability to pay back the outstanding debt and reinstate the loan within the 30 days since notice was given, then the lender can hold a foreclosure sale on the first Tuesday of the month.

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