Get free answers to your Foreclosure legal questions from lawyers in your area.
I've been having difficulties making payments on a line of credit and have received notices regarding the potential loss of my house. I'm unsure if this line of credit is secured by my house. I've spoken to my lender about these payment difficulties. Can I lose my house over this situation?
answered on Jun 17, 2025
Yes, if the line of credit is secured by a security deed on the house, the lender can foreclose on your property for nonpayment on the line of credit. However, even if your lender has previously denied you, there are many alternatives to foreclosure including a repayment plan, modification, or... View More 
I've been having difficulties making payments on a line of credit and have received notices regarding the potential loss of my house. I'm unsure if this line of credit is secured by my house. I've spoken to my lender about these payment difficulties. Can I lose my house over this situation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2025
If no security instrument exists, then the lender can still sue you on the debt. If the lender gets a judgment, he can file a lien and execute upon your property to satisfy it.
answered on Jan 16, 2025
Do not, under any circumstance, sign a contract with a non-attorney for surplus funds recovery in Georgia. Many of these "mortgagor's agents" are unscrupulous and prey upon vulnerable people who have just been foreclosed. These "agents" then turn around and hire an attorney... View More
My home was foreclosed and sold and I never received a letter notifying me of the sale. The lady I spoke with from the attorney's office told me that a signature wasn't required for the letter and sent a receipt showing certified mail. The lady I spoke with at the post office said that... View More
answered on Aug 9, 2024
The foreclosure notice must be sent by certified or registered mail or overnight delivery with return receipt requested. As long as the notice was mailed in the proper manner to the appropriate party(ies) at the correct address, the lender does not need to prove the notice was actually received.... View More
My home was foreclosed and sold and I never received a letter notifying me of the sale. The lady I spoke with from the attorney's office told me that a signature wasn't required for the letter and sent a receipt showing certified mail. The lady I spoke with at the post office said that... View More
answered on Sep 2, 2024
Unfortunately, receipt of the notice is not required by law. As long as the foreclosure attorney has proof that the notice was sent by certified mail that is legally sufficient. Even if that is the case, you may be entitled to surplus money from the foreclosure auction, and you may also be able to... View More
What are the grounds to appeal a disbursement hearing, if any? Must a property be levied first before auctioned for judicial foreclosure from consent order.
answered on Feb 20, 2024
The disbursement hearing would not be the place to challenge the foreclosure auction. You would have needed to file an injunction prior to the auction to challenge whether the auction was being conducted pursuant to applicable law. The order on the disbursement hearing is likely subject to an abuse... View More
If this was part of a consent order of a settlement. Like let’s say you are given 180 days to pay $90,000 or property has to be sold. Does it need to be levied first before auctioned?
answered on Feb 20, 2024
No, if there is a consent judgment that grants the right to foreclose, the notice of foreclosure sale must be published according to the laws relating to sheriff's sales. The sheriff will then auction the property. If your property was foreclosed, you may have the ability to collect surplus... View More
Bank transactions reflect transfer of funds on date of home purchase date
answered on Feb 18, 2024
In order to prove that there was an intent to share in the ownership of the property or that the funds provided at closing were to be paid back, you would need to have texts or emails showing that there was an agreement between the parties. A less reliable method would be to provide witnesses who... View More
It was sold on the courthouse square on the first Tuesday of the month now the new owner is coming up here and telling me that is his home and he's taking my stuff and he's letting people steal my stuff taking it off the property does he have the right to do this because technically as it... View More
answered on Feb 12, 2024
If the new owner is removing your property without a writ of possession, he can be charged with theft. The writ of possession is necessary to begin the process of removing you and your property. Also, there may be surplus funds that you are entitled to from the foreclosure sale. Schedule a free... View More
I received a petition for an abandoned motor vehicle lien foreclosure. My vehicle, which is very old, was stolen and then recovered. At that time, I informed the towing company that they could sell the vehicle to cover their costs. Six months later, I received a notice to answer a petition for lien... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025
You should respond to the abandoned vehicle lien foreclosure petition, even though you verbally told the towing company they could sell the vehicle. Under Georgia law, you have only 10 days after receiving the petition to file an answer, and if no answer is filed, the facility may request... View More
I bought a home in Georgia in 2007 through owner financing with a 15-year loan. Over the years, the owner added fake charges, changed payment amounts, and wrongfully attempted foreclosures without notifying me. I have the original contract, note, deed, and closing documents, as well as evidence of... View More
answered on May 2, 2025
Contact your local bar association or legal aid society. They maintain lists of reduced fee and pro bono attorneys who may be able to help you.
I recently experienced a foreclosure in Georgia, where the sheriff's department handled the eviction. Although I paid for my home in cash, the eviction proceeded yesterday due to taxes, and many personal items were lost or damaged, including my dog kennels, with my dogs being put down without... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
What you’ve gone through is heartbreaking and incredibly overwhelming—losing your home, your belongings, and your dogs all at once is more than anyone should have to endure. Even in tax-related foreclosures in Georgia, the law requires proper notice to be given before eviction, and personal... View More
Does the bank in Georgia have to start a foreclosure sale by the Fair Market Value (FMV)?
answered on Feb 24, 2025
No, the bank typically opens bidding at the amount that they are owed. Sometimes, they will open bidding at an amount lower than what they are owed, if they plan to seek a deficiency judgment.
I purchased a property at a Sheriff's foreclosure auction in Georgia on February 4, 2025, for $701,000. The auction starting bid was $107,000, indicating there were several hundred thousand dollars in excess funds. There were no other liens on the property, but I have to pay a $55,000 tax lien... View More
answered on Feb 18, 2025
Only the owner and lien holders can file a claim for surplus funds from a foreclosure auction. A bidder at the foreclosure auction cannot claim surplus funds.
File the case on1/18/2024 the defendant didn’t answer until 2/29/2024 with a motion to dismiss and verified answer defense. I did a MSJ on 6/10/2024 and the defendant did not answer until 7/15/2024 with a request for oral hearing and another motion to dismiss once filing late to answer. How can I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2024
When seeking a default judgment against a defendant who repeatedly misses deadlines, focus on their failure to comply with the court's timeline. Highlight that the defendant did not answer the case until well after the initial deadline and that they have continued to delay proceedings by... View More
HOA filed compliant judicial foreclosure of lien and damages for balance owed. I can pay outstanding balance and plan to answer the complaint. Will court be necessary? Will payment end the process?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2024
Hire a GA lawyer today. HOA intends to take your condo. It is too serious for you deal with. You knew you had to make the HOA happy when you bought the place.
I have title insurance since I bought it is a second chance foreclosed property from xome.com platform
answered on Feb 3, 2024
If you have title insurance, the title insurance policy should provide coverage to defend against the claim to title. You will need to file a claim with the title insurance company directly. Schedule a free consultation to make sure your interest is protected.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Single family home. I am a senior, age 67
answered on Nov 6, 2023
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
answered on Jun 21, 2023
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
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
