Foreclosure Process
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Foreclosure Process in Georgia
A Step-by-Step Guide for Atlanta Homeowners Facing Foreclosure
Have you fallen behind on your mortgage payments? Or have you already received a foreclosure notice from the bank? If you’ve answered yes to either of these questions, contact Schuyler Elliott & Associates, Inc. to speak with experienced foreclosure defense lawyers in Atlanta. We can discuss the details of your situation and determine if you have a case. We offer free initial consultations, where you can learn about the legal options available to you without any additional financial burden.
Are you worried about the foreclosure process? Call Schuyler Elliott & Associates, Inc. today at (770) 400-9102 or contact us online to receive trusted guidance throughout the foreclosure process in Georgia.
Understanding The Foreclosure Process in Georgia
The foreclosure process is different in many states. It can be very complicated; however, it may be broken down into four basic steps.
Step 1 – A 30-day Notice of Intent to Foreclose
A lender is required by law to notify the borrower 30 days before scheduling a foreclosure sale. The notice typically includes a copy of the foreclosure advertisement published in the official county newspaper (see "Notice of Sale" below). It must specify the name, address, and telephone number of the individual or entity with full authority to negotiate, amend, and modify all terms of the loan. There are specific parameters that must be met when providing this notice; if these parameters are not met, the notice and the foreclosure can be deemed invalid.
Step 2 – Publicized Sale
The lender must run a public advertisement for at least four weeks. This advertisement must be placed in an official county newspaper where the property is located and must run at least once a week for four consecutive weeks before the sale.
Step 3 – Reinstating the Loan
At this point, the borrower has the option to reinstate the loan. In Georgia, residents have the right to repay money owed and reinstate the loan up to five days before the foreclosure sale. In some limited circumstances, a loan can be reinstated before the foreclosure sale is even scheduled.
Step 4 – A Foreclosure Sale
If a borrower is unable to pay the money owed and reinstate the loan, the lender has the right to hold a foreclosure sale on the first Tuesday of each month.
How Long Does Foreclosure Take?
In Georgia, the foreclosure process can vary depending on your circumstances. However, on average, it takes about one to three weeks to complete. If your property was sold at a foreclosure auction, the eviction process typically takes between 14 and 30 days to complete. When the paperwork is approved, the new owner has the right to serve you a 3-day “Notice to Quit”. When this ends, the sheriff will appear to assign an eviction date. You and any others inhabiting the property must leave by this date and take personal items with you.
How Our Atlanta Foreclosure Lawyers Can Help You
At Schuyler Elliott & Associates, Inc., we understand the stress that the foreclosure process can cause. Our attorneys are committed to guiding you every step of the way, including:
- Carefully review your foreclosure notice to ensure it complies with Georgia law.
- Identifying alternatives to foreclosure, such as loan modifications, repayment plans, short sales, or bankruptcy.
- Defending your rights in court if your lender fails to meet the legal requirements of the foreclosure process.
- Offering clear, personalized guidance tailored to your financial situation and long-term goals.
- Remaining available 24/7 to answer questions and provide support when you need it most.
Don’t wait until it’s too late. Contact Schuyler Elliott & Associates, Inc. today for a complimentary consultation and let us help you safeguard your home and your future.
Take Control of the Process Today
At Schuyler Elliott & Associates, Inc., we have assisted thousands of homeowners in navigating the foreclosure process over the past two decades. Our team is dedicated to acting promptly, protecting your rights, and guiding you toward the most favorable outcome. We understand that foreclosure can be a stressful experience, which is why our attorneys are available 24/7 to answer your questions and provide immediate support.
Take action now—schedule your free consultation with Schuyler Elliott & Associates, Inc. today!
FAQs About the Foreclosure Process in Georgia
How long do I have before my home is sold after receiving a foreclosure notice?
In Georgia, lenders are required to provide at least 30 days’ notice before scheduling a foreclosure sale. This gives homeowners time to review their options and take legal action if necessary.
Can I stop foreclosure once the process has started?
Yes. Homeowners may be able to reinstate their loan up to five days before the foreclosure sale. Additionally, legal options such as filing for bankruptcy can pause the process and provide more time to find a solution.
Does filing for bankruptcy stop foreclosure in Georgia?
Filing Chapter 7 or Chapter 13 bankruptcy triggers an automatic stay, which temporarily halts foreclosure proceedings. This does not erase the debt, but it may give you time to reorganize finances or negotiate with your lender.
Will foreclosure ruin my credit?
Foreclosure can significantly impact your credit score and remain on your report for up to seven years. Taking action early with the help of an attorney can help minimize long-term financial damage.
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What's The Process
Understand the foreclosure process in Georgia and discover what your foreclosure defense options are.
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