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answered on Nov 10, 2023

You must first file a claim with the clerk of the court where the auction was held. The claim must be filed within 60 days of the sale date.

Once you have filed the claim, the clerk of the court will notify the other parties involved in the foreclosure, including the lender and the buyer.... View More

There are a lot of options. If you haven't previously requested a loan modification, partial claim, or another type of loss mitigation. The loan holder will likely work with the homeowner to postpone the sale to allow the loss mitigation application to be processed. Other options include... View More

It is rare to receive the surplus funds quicker than 30 days. In the event that the surplus funds are turned over to the court in an interpleader action, it could take 6-12 months to receive the money. Hiring an attorney expedites the process and helps avoid evidentiary issues as well as issues... View More

You would need to file for an injunction in the Superior Court in the county where the loan holder is located. Filing for an injunction is a complicated process that gets a high level of scrutiny from the judge. Defenses to foreclosure in Georgia are also very limited in scope. Schedule a free... View More

The attorney who handled the foreclosure for the bank receives the money on behalf of the bank at the foreclosure sale. Based on the condition of the title, the foreclosure attorney will either release the funds to the former titleholder if there are no other claimants or turn the funds over to the... View More

You should have received notice of the non-judicial foreclosure by certified mail at least 30 days prior to the sale being conducted. The notice is also published in the newspaper. You can typically check for the foreclosure notice online to see if your house was up for auction. The summons would... View More

Your question is not clear as to the type of auction involved. There is no right of redemption after a foreclosure sale in Georgia. If this was a tax sale, redemption can occur until such time as the tax sale purchaser forecloses the right to redeem, which cannot occur until one year after the... View More

OCGA 13-1-11 allows for the collection of attorney fees based on the amount of the underlying indebtedness. The calculation you have performed is correct. However, in cases where the amount of attorney fees is greater than $20,000.00, the debtor can challenge the reasonableness of the fees. It is... View More

A title search of the real estate records in the clerk of court's office would determine whether you are still the owner of the property. The tax records are not official records regarding title to real estate. If you are still the owner, the property would be subject to the mortgage, and you... View More

I wonder how certain you are that a foreclosure actually occurred.

Properties are posted for foreclose and listed for foreclose all the time without the lender actually following through with the actual foreclosure sale.

This happened even more frequently during the earlier days of... View More

Your house is in foreclosure due to unpaid HOA dues and assessments. If you do not answer the lawsuit, you will lose the home to foreclosure. In addition, the complaint alleges damages for unpaid dues that will be a personal judgment against you if you do not file an answer. It is likely a lien is... View More

This question is very general. Many issues you need to address to stay out of trouble. The most common matter is your trademark. You should conduct a research and make sure you are not using others' trademark. Preferably, you should register your own trademark. Other matters include... View More

Well, I hate to tell you, you don't know quite as much as you think you do. You mentioned that you have the option to reaffirm your loan. You most definitely do not have that option, as it was off the table after your Chapter 7 discharged in 2010. To be quite frank, I never advise clients to... View More

Your second paragraph is answered "It depends." The devil is in the wording of the documents.

The first paragraph does not ask a question.

If your question is only one question involving both paragraphs, again the answer would be "It depends."

Multiple issues control this. First, is the case over yet. If so, then yes.

In still pending, on misdemeanor cases, after 12 months, you can ask the court to release you as surety.

Without knowing the facts of your case in detail it is difficult to provide you with direction. But anyone can choose to foreclose on a home. That doesn’t mean it won’t come result in repercussions though. -Homer P. Jordan IV, Esq. 404-620-1558

I’m sorry to hear this has happened to you. If you have not been a part of a foreclosure you should contact the reporting credit agency and dispute that being on your credit report. They should take steps to investigate the accusation and you can go from there, depending on what their findings... View More

If what you say is true, you will have to hire a probate lawyer who also knows how to litigate.

If you continue to pay the loan (Security Deed in first position) that you refer to as primary and stop paying the loan in second position (Security Deed in second position), the lender for the second can foreclose subject to the first or primary loan.

Possibly, yes. Depends on the terms of the guarantee you signed.