Georgia Foreclosure Timeline and Laws

Georgia Foreclosure Process and Procedure

If you default on your mortgage, your lender can institute foreclosure proceedings against you. You risk losing your home.

Georgia foreclosures are conducted by non-judicial foreclosure proceedings. Judicial foreclosures are conducted if there is no power of sale clause in the deed of trust.

Notice Requirements for Foreclosure in Georgia

Georgia law requires the lender send a demand letter requesting past due payments, giving the borrower 10 days to pay them, prior to commencing foreclosure proceedings. The lender must publish the notice of the foreclosure sale in the county newspaper in which the property is located for 4 consecutive weeks prior to the sale, and the borrower and any lien holders a copy via certified mail at least 30 days before the sale date (per a new law signed into effect in 2008).  

Georgia Deficiency and Anti-Deficiency Laws

The lender must seek a deficiency judgment 30 days after the public sale if the property is sold for less than the loan amount.

Georgia Redemption Rights

Georgia has no statutory right of redemption.

Georgia Assistance, Special Programs, Government Help, and Law Updates

Foreclosure Programs:

• Georgia Foreclosure Avoidance Counseling -HUD
• The Home Affordable Mortgage Modification Program
• The Home Affordable Refinance Program
• The Home Affordable Foreclosure Alternatives Program
• FHA Secure
• Hope for Homeowners

Foreclosure Lawyer

Georgia foreclosure laws are complex. It is recommended that you consult with a foreclosure lawyer who can advise you about options to avoid foreclosure including refinancing, reinstatement, deed in lieu, mortgage modification, short sale or bankruptcy.