Q: How do I legally evict a tenant in Georgia after acquiring ownership due to collateral arrangement?

A: Your situation involves what Georgia law classifies as a "tenant at sufferance" - the previous owner who remains in possession of property after title has transferred to you. Despite the lack of a formal lease agreement, Georgia law provides a specific legal process for removing such occupants from your property.

Under Georgia law (O.C.G.A. § 44-7-50), you must first serve the occupant with a proper notice to vacate before initiating formal eviction proceedings. This notice should be delivered in writing, clearly stating your ownership rights and demanding that they vacate within a specific timeframe (typically 60 days for former owners, though this can vary based on the specifics of your collateral arrangement). Ensure this notice is delivered via certified mail with return receipt requested or through personal service with a witness present to document delivery.

If the occupant fails to vacate after the notice period expires, you must file a dispossessory affidavit with the magistrate court in the county where the property is located. The court will issue a summons to the occupant, who then has seven days to file an answer. If no answer is filed or the court rules in your favor after a hearing, you will receive a writ of possession authorizing the sheriff to remove the occupant from the premises. Throughout this process, I strongly recommend avoiding any self-help measures such as changing locks or removing personal property, as these actions could expose you to liability regardless of your legitimate ownership claim.