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.
Judicial and non-judicial are the two kinds of foreclosure proceedings that occur in Georgia. Banks typically go with the non-judicial as this allows them to avoid the court system and sell the house from underneath the homeowner. However, they may be required to do a judicial foreclosure if there is an issue with the house title or there is no non-judicial clause in the contract.
Non judicial is the most common kind of foreclosure in Georgia because it allows lenders to avoid court proceedings that might draw out the proceedings. Lenders are not required by law to let homeowners know they will be selling the house. However, the deed of trust or mortgage title company usually requires them to send a notice to the homeowner before anything can be done with the title.
With judicial proceedings the bank files a suit with the court that describes the past due status of the property, the amount owed as well as a description of the property. The homeowner is given 30 days to resolve the default. If the amount is not paid the home will then be put up for sale.
In the non-judicial foreclosure process the lender starts foreclosure proceedings by scheduling a sale of the house. They send the homeowner notice 30 days before the sale is to commence. They also publish a notice of the sale each week for four weeks leading up to the sale. The process can be stopped at any time by the homeowner bringing their account current as well as paying any accrued fees. If the amount continues to be owed then the house is sold on the first Tuesday of the month.
When fighting a foreclosure it is best to hire an attorney to help you in your defense. An attorney has a number of strategies he can use to stop the bank from taking your house. One way is to request documents from the bank proving they own the note. Only the actual note owner can foreclose on your home.
However, because loans were bought and sold many times during the housing crisis a lot of the records were lost or destroyed in the exchanges. Making the bank prove they are the owners of the note may take time which you can use to get caught up on the amount owed.
When it comes to defending against Georgia foreclosures it is important that you do everything you can to stay in your home. The number of legal recourses at your disposal drops dramatically if you move out. Although it may not seem like it when you receive a foreclosure notice, banks do not want to take your home from you. What they really want is the money owed. Work with your attorney to employ as many defense tactics as necessary so that you and the bank can get what you both want out the deal.
If a GA foreclosure is about to happen to you, 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.