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Georgia Foreclosure Process

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Georgia has a non-judicial foreclosure process. This allows a mortgage holder to foreclose much more quickly and simply than in many other states. The mortgage holder must run a notice in the official legal organ (newspaper) for the county where the property is located. The notice is run for four (4) consecutive weeks. On the first Tuesday of the following month, the property is sold at a foreclosure sale on the steps of the county courthouse.

In the large majority of cases, the property is purchased at the foreclosure sale by the mortgage holder. Of course, in some cases the property is purchased by another individual or investor. Once the foreclosure deed is prepared and recorded, the buyer will typically contact the persons residing in the property and demand possession. If the residents refuse, the buyer can initiate a dispossessory process in court to have the residents and their personal property removed.

The dispossessory process can also be very quick. In many cases an order is entered within a month after the action is filed. The order allows the new owner to remove the current residents and their belongings, and directs the Sheriff’s office to assist in the removal if necessary.

Most mortgage lenders want to take possession of foreclosed property without conflict or delay. In many cases the lender will offer to pay the residents some amount to cover moving expenses. If your property has already been foreclosed, it may be in your interest to contact the lender and discuss this.


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