Like most of the other states, Georgia foreclosures continue to force people out of their homes. If you want to fight a foreclosure and keep your house, it is important to know how foreclosure laws work in your state. Below is a description of the process in Georgia and what you can do to stop foreclosure proceedings on your home.
In Georgia, there are two kinds of foreclosures, non-judicial and judicial. Non-judicial allows the bank to circumvent the courts and sell the home from underneath the homeowner. If there is no non-judicial clause in the loan contract or there is a problem with the title of the house then the foreclosure is taken through a judicial process involving the courts.
Non-judicial is when the lender simply places the home up for sale. This is the most common type of foreclosure proceeding in Georgia. Banks are not required to go through the courts to do this and they are not required by law to notify the homeowner that they are putting it up for sale. However, most mortgage or deed of trust companies will require the bank to warn homeowners of the impending sale of their home.
To start judicial proceedings the bank will file a petition that provides a description of the property, how much is owed and the status of the loan. Afterwards the homeowner has 30 days to bring their account current. If the home is still in past due status after that time has passed then the house will be put up for sale.
In non-judicial proceedings the lender schedules a foreclosure sale. Every week for four weeks prior to the sale, notice of the sale is published. The borrower is notified 30 days before the house is to be sold. At any time before the sale the homeowner can stop proceedings by paying the amount in default plus associated costs. If the default amount is not paid, the property is then sold at auction the first Tuesday of the month.
Your first step in foreclosure defense is to retain an attorney who can help you employ a number of strategies that may slow down or stop foreclosure proceedings. One such strategy is to force the bank to produce documents proving they are the owners of the bank note.
This is proving difficult for many banks today because a lot of the loans were bought and sold during the housing crisis and many documents were destroyed or lost. Forcing the bank to prove they own your loan note takes time which you can use to resolve your past due payments.
The smartest thing you can do while fighting a Georgia foreclosures is to stay in your house. Your legal options diminish the moment you move out of the home and getting your home back may prove to be impossible. In all honesty, the bank does not want your home. They would rather have the money. Therefore work with your attorney to find a solution that can give the both of you what you really want. A resolution that satisfies you both.
If a GA foreclosure is about to arise, then you need to learn more about GA foreclosures. Information on these topics can be found all over the net and there are many experts that will help you out.