Lawrenceville Foreclosure Defense
Representing Homeowners in Gwinnett County for 25+ Years
Facing foreclosure is a challenging and stressful experience that requires knowledgeable and compassionate legal counsel. Schuyler Elliott & Associates, Inc. brings over 25 years of dedicated experience to individuals and families grappling with the threat of losing their homes.
Whether it's navigating through the possibilities of delaying foreclosure, exploring options like filing bankruptcy protection, an injunction to stop the foreclosure sale, or finding alternative solutions to avoid foreclosure altogether, we have the experience and ability needed to help you. Recognizing that every situation is unique, we tailor strategies to align closely with the specific circumstances and goals of each client.
We have helped thousands of clients with their foreclosure defense cases. Should you or a loved one receive a notice of foreclosure, you can trust our team to help you understand your rights and ways to save your home.
Get in touch with us online or via phone at (770) 400-9102.
What Is the Non-Judicial Foreclosure Process in Georgia?
Georgia adheres to a non-judicial foreclosure process. This means that lenders are not required to file a lawsuit or go through the court system to initiate the foreclosure process on a borrower's property.
This process streamlines the foreclosure timeline for lenders, allowing them to move forward more quickly if a borrower defaults on their mortgage. However, it's important to note that borrowers still have certain rights during this process. For instance, under Georgia Code Title 44. Property § 44-14-162.2, the lender must send the Borrower notice of the foreclosure before the proposed foreclosure.
How to Stop a GA Foreclosure
Facing foreclosure in Georgia can be stressful, but there are options to save your home. The first of which is filing for bankruptcy. Chapter 13 bankruptcy can be a lifeline for Georgia homeowners facing foreclosure. Here's how it works:
- Automatic stay. The moment you file for Chapter 13, a powerful legal shield called the "automatic stay" goes into effect. This immediately halts the foreclosure process, even if a sale date is looming. This pause gives you breathing room to develop a repayment plan.
- Catch up and move forward. With the foreclosure on hold, you'll work with a court-appointed trustee to create a Chapter 13 plan. This plan will outline how you'll repay your missed mortgage payments (arrears) over a three to five-year period. You'll also continue making your regular monthly mortgage payments going forward.
- Long-term solution. Chapter 13 isn't just about catching up. It allows you to restructure your finances in a manageable way. The plan can potentially include repaying other unsecured debts, offering some relief from creditor pressure.
If you have received a foreclosure notice, you can also try to work with your lender to restructure the loan or cure the default. Restructuring your loan can involve lowering the interest rate or extending the loan term, making payments more manageable. You will need to have documentation to show financial hardship. It is important to note that only certain homeowners are eligible for loan modification (or restructuring).
Curing the default involves paying the missed mortgage payments, late fees, and any foreclosure costs accrued. Once you cure the default, the foreclosure process should stop. Negotiate a payment plan with your lender to avoid future defaults.
Challenging the Foreclosure
Even though Georgia follows a non-judicial foreclosure process, there's still room to challenge a foreclosure if errors occur during the process. These errors can be procedural mistakes made by the lender, such as improper notifications, failure to follow the required timeline for sending default notices, or mistakes in the paperwork itself. For instance, if the foreclosure notice contains inaccurate information about the borrower or the defaulted amount, it could be grounds to challenge the foreclosure.
It is important to note that the sooner you address the situation, the more options you have. These errors can potentially slow down the foreclosure process or even get it dismissed, allowing you more time to work out a solution with your lender.
Discuss Your Legal Options with Our Team
Choosing Schuyler Elliott & Associates, Inc.means entrusting your case to a team that values integrity, excellence, and personalized care. Our attorney wants our clients to feel heard, valued, and supported throughout the entirety of their legal journey and take the time to understand your unique needs.
Contact our Lawrenceville foreclosure defense attorney to get started on your case today. Call (770) 400-9102.
