Learn how to stop a foreclosure in Georgia (and avoid one) before you’re in the danger zone. Foreclosure can be a frightening experience. In Georgia, banks foreclose on homes on the first Tuesday of every month. Understand your options so you can put a halt to it. Be aware of state foreclosure laws and the timeline, and learn common causes leading to foreclosure.

How to Stop a Foreclosure in Georgia: Reasons and Timeline

Georgia practices a non-judicial foreclosure process; the lender isn’t required by law to go to court to initiate the foreclosure. Instead, the process is controlled by the power of sale clause in your mortgage or deed of trust. The power of sale clause allows the lender to legally sell your property at a public auction to recover your outstanding debt.

Usually, the Georgia foreclosure process takes around 90 days, from the date of the notice of default to the foreclosure sale. Initially, foreclosure usually begins in Georgia when a homeowner defaults on their mortgage payment.

After the first missed payment, the lender sends a notice of default (demand letter) to inform the homeowner of their delinquency. Then, the lender proceeds with the foreclosure process when the homeowner fails to pay within the required period. Lenders have permission to publish a notice of sale in the local newspaper for four consecutive weeks.

Alternatives on How to Stop a Foreclosure in Georgia

Short Sale

A short sale involves selling your home for less than what you owe on your mortgage. Advantageously, a short sale lets you move on from the property and possibly avoid a deficiency judgment. Unfortunately, a short sale can hurt your credit score and may not clear all your debt.

Deed-in-Lieu of Foreclosure

A deed-in-lieu is when you voluntarily transfer your property’s ownership to the lender to evade the foreclosure process. Beneficially, this option allows you to walk away from the property without undergoing foreclosure or any legal proceedings. Regrettably, you may still be liable for any remaining debt.

Loan Modification or Refinance

A modified home loan is when there are approved changes in your loan terms after meeting with the lender. Refinancing replaces your mortgage entirely with a completely new mortgage. This could mean changing interest rates or the amount for monthly payments.

How to Stop a Foreclosure in Georgia with Bankruptcy

Filing Chapter 7 or Chapter 13 bankruptcy can help you prevent foreclosure by reorganizing your debts. It allows you to formulate a repayment plan to make up for missed mortgage payments over time. Favorably, this option can be beneficial if you have a regular income and wish to keep your home. However, it’s vital to consult with a bankruptcy attorney to understand the eligibility criteria and potential implications of this option.

When a debtor files Chapter 7 or Chapter 13, a bankruptcy “stay” is issued by the bankruptcy court. This means that all creditors are stopped, via a court order, from taking any collections actions against a debtor in bankruptcy. If your mortgage company has scheduled foreclosure on your property in Georgia, you can file bankruptcy to initiate the stay and stop the foreclosure.

When you file bankruptcy, your Atlanta, Georgia bankruptcy attorney will notify the mortgage company’s attorney that you have filed bankruptcy to stop the foreclosure on your home. The mortgage company will cancel the sale.

After your foreclosure is stopped, you have the option of catching up on past-due payments on your mortgage to keep your home in Chapter 7. In Chapter 13, you can consolidate past due payments on your mortgage and other debts into monthly payments and keep your home. You will still have the option of seeking a modification of your loan with the mortgage company.

How to Stop a Foreclosure: Defend Your Rights

As a Georgia property owner facing foreclosure, it’s essential to understand your rights and take necessary measures to defend them. Be aware of the foreclosure process and the legal protections available to you so you can navigate this challenging situation with confidence.

Homeowner Rights

To start, Georgia property owners have the right to be notified about the foreclosure proceedings and the opportunity to respond. Familiarize yourself with the specific rights granted to homeowners in Georgia to ensure you can effectively protect your interests.

Foreclosure Protections for Military Service Members

If you’re an active-duty military service member, you might be entitled to additional foreclosure protections under the Servicemembers Civil Relief Act (SCRA). This is a federal law that provides certain safeguards to help service members focus on their military duties without the burden of foreclosure. Read and understand your rights under the SCRA to ensure you receive the proper protections.

Deficiency Judgments and Their Impact

In some cases, even after the sale of a foreclosure, there might be a remaining balance owed to the lender, known as a deficiency. Georgia law allows lenders to seek deficiency judgments against borrowers (homeowners). Understand how deficiency judgments work and their potential impact on your financial situation.

The Best Way to Stop a Foreclosure in Georgia: Enlist the Help of a Bankruptcy Attorney

It’s crucial to enlist the legal counsel of a seasoned bankruptcy attorney. A bankruptcy attorney provides legal representation and guidance to homeowners at risk of losing their homes. They understand the intricacies of Georgia’s foreclosure laws and can help homeowners explore various options to halt the foreclosure process.

When searching for a bankruptcy attorney, there are several qualities you should consider. First, experience matters. Look for an attorney who has a solid track record of handling foreclosure cases and has a profound understanding of Georgia’s bankruptcy laws.

Furthermore, communication and responsiveness are essential qualities in a bankruptcy attorney. Hire someone who will actively listen to your concerns, return your calls promptly, and keep you informed about your case’s progress.

The first step typically involves a thorough evaluation of your financial situation and determining whether bankruptcy is the right choice for you. If bankruptcy is deemed the best course of action, your attorney will help you gather the necessary documentation and file the appropriate bankruptcy petition.

Throughout the process, your bankruptcy attorney will represent you in negotiations with creditors, help protect your assets, and work towards the most favorable outcome for your foreclosure case. Consult with an experienced bankruptcy lawyer in Atlanta, Georgia who is highly advised to navigate foreclosure’s complexities and explore all available options.

When consulting with a bankruptcy lawyer to stop a foreclosure, bring documents such as the foreclosure letter from the mortgage company, your most recent tax return, and your current income information. The time is now to act decisively to safeguard one of your most precious investments.

If you are under the threat of foreclosure and wish to file bankruptcy to stop the foreclosure, contact CMC Law as soon as possible to ensure that the mortgage company has sufficient notice to stop the foreclosure on a timely basis after you file bankruptcy. Get started now by calling (404) 585-0040 for a free consultation.


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