How Georgia foreclosure works

This is a general summary of Georgia law for orientation, not legal advice. Rules change and every case has its own facts, so check the current statute and talk to a Georgia attorney before acting on a specific property.

1. The security deed and the power of sale

Most Georgia home loans are secured by a security deed (sometimes called a deed to secure debt) rather than a traditional mortgage. The security deed usually contains a power of sale, which lets the lender sell the property at a public auction if the loan goes into default, without filing a lawsuit first. That is why Georgia is described as a non-judicial foreclosure state. A judicial foreclosure through the superior court is possible but uncommon.

2. Notice to the borrower

Before a non-judicial sale, the person or firm conducting it must send the borrower written notice of the sale at least 30 days before the sale date, by registered or certified mail or statutory overnight delivery (O.C.G.A. § 44-14-162.2). The notice has to identify the person or entity with full authority to negotiate, amend or modify the loan.

3. Notice in the legal newspaper

The notice of sale must also be published once a week for the four weeks before the sale in the county's official legal organ, the newspaper the county designates for legal notices (O.C.G.A. § 44-14-162 and § 9-13-140). This is the public record of what is scheduled to be sold, and it is the main source Georgia Signals is being built to gather. Because each county uses its own legal organ, the notices for one month's sales are spread across many publications.

4. The sale: first Tuesday, at the courthouse

Georgia foreclosure sales are held on the first Tuesday of the month, between 10:00 a.m. and 4:00 p.m., at the county courthouse, usually at the door or another place the county designates (O.C.G.A. § 9-13-161). If the first Tuesday is a holiday such as New Year's Day, the sale moves to the Wednesday after. The sale is a public outcry auction, typically run by the lender's attorney, and the lender often opens the bidding.

• Many scheduled sales never happen. Loans are reinstated, modified, paid off, or the sale is postponed or cancelled, sometimes on the morning of the sale.
• Bidders usually need certified funds, and terms are set by whoever conducts the sale.
• Property is typically sold as is, and liens or interests that were senior to the foreclosed loan may survive the sale.

5. After the sale

The winning bidder receives a deed under power. After a non-judicial mortgage foreclosure, Georgia law gives the former owner no statutory right to redeem the property. If anyone is still living there, the new owner has to go through the dispossessory (eviction) process in court to take possession.

If the lender wants to collect a deficiency (the difference between the debt and the sale price), it must ask the superior court to confirm the sale within 30 days, and the court checks that the property sold for its true market value (O.C.G.A. § 44-14-161).

6. Tax sales are different

When property taxes go unpaid, the county tax commissioner can levy on the property and it is sold, usually by the sheriff, at a tax sale, also on the first Tuesday at the courthouse, after advertising it in the legal organ. The buyer receives a tax deed, but the former owner generally keeps a right to redeem for at least 12 months by paying the sale amount plus a premium set by statute (O.C.G.A. § 48-4-40 and following). After that period the buyer can take steps to end the right of redemption. Excess funds from a tax sale can be claimed by the former owner and other interested parties.

Frequently asked questions

When are foreclosure sales held in Georgia?

On the first Tuesday of each month, between 10:00 a.m. and 4:00 p.m., at the county courthouse (O.C.G.A. § 9-13-161). If the first Tuesday is a holiday such as New Year's Day, the sale moves to the Wednesday after.

Where are Georgia foreclosure notices published?

In the county's official legal organ, the newspaper the county uses for legal notices. The notice must run once a week for the four weeks before the sale (O.C.G.A. § 44-14-162 and § 9-13-140).

Does Georgia require a court case to foreclose?

Usually not. Most Georgia home loans are secured by a security deed with a power of sale, which lets the lender sell the property at a public auction without filing a lawsuit. A lender that wants to pursue a deficiency must ask the superior court to confirm the sale within 30 days (O.C.G.A. § 44-14-161).

Can the owner get the house back after a foreclosure sale?

After a non-judicial mortgage foreclosure sale, Georgia has no statutory right of redemption. Tax sales are different: the former owner generally has at least 12 months to redeem by paying the sale amount plus a statutory premium (O.C.G.A. § 48-4-40 and following).

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