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Georgia Foreclosure Questions & Answers
2 Answers | Asked in Banking, Foreclosure and Real Estate Law for Georgia on
Q: Can I lose my house due to line of credit payment issues?

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?

James Clifton
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James Clifton
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

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2 Answers | Asked in Banking, Foreclosure and Real Estate Law for Georgia on
Q: Can I lose my house due to line of credit payment issues?

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?

Anthony M. Avery
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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.

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1 Answer | Asked in Foreclosure for Georgia on
Q: How much can a mortgagor's Agent charge as the fee to collect surplus funds?
James Clifton
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James Clifton
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

2 Answers | Asked in Real Estate Law and Foreclosure for Georgia on
Q: Can a home in GA be foreclosed and sold without the homeowner given notice?

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

Jennifer Pierce
Jennifer Pierce
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

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2 Answers | Asked in Real Estate Law and Foreclosure for Georgia on
Q: Can a home in GA be foreclosed and sold without the homeowner given notice?

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

James Clifton
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James Clifton
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

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1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: Wrongful foreclosure, disbursement question

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.

James Clifton
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James Clifton
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

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: Do all real properties in Georgia must be levied with notice before a judicial foreclosure?

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?

James Clifton
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James Clifton
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

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Georgia on
Q: If you give someone money to purchase property for you without contract, how can you prove your intent of ownership?

Bank transactions reflect transfer of funds on date of home purchase date

James Clifton
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James Clifton
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

1 Answer | Asked in Foreclosure for Georgia on
Q: I've been living in a home for 33 years the home was in my parents name technically I'm not the owner it's sold on

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

James Clifton
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James Clifton
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

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: Do I need to respond to an abandoned vehicle lien foreclosure petition in Georgia?

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

James L. Arrasmith
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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

Q: Seeking legal help in GA for owner financing issues and wrongful foreclosure attempts.

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

Timothy Denison
Timothy Denison
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.

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Q: Foreclosure and eviction issues with lost items and dogs in Georgia

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

James L. Arrasmith
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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

1 Answer | Asked in Foreclosure and Banking for Georgia on
Q: Does a bank in Georgia start foreclosure at FMV?

Does the bank in Georgia have to start a foreclosure sale by the Fair Market Value (FMV)?

James Clifton
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James Clifton
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.

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Georgia on
Q: Can I seek excess auction funds for a tax lien in GA?

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

James Clifton
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James Clifton
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.

1 Answer | Asked in Bankruptcy, Contracts, Foreclosure and Appeals / Appellate Law for Georgia on
Q: Looking for help to write default judgement on defendant's who keep missing the deadline to answer the case.

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

James L. Arrasmith
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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

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: HOA filed compliant judicial foreclosure of lien and damages. If I pay the HOA fees owed, will this go away?

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?

Anthony M. Avery
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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.

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: bought a foreclosed property from bank. previous mortgagee is fighting back that foreclosure is fraudulent. What do I do

I have title insurance since I bought it is a second chance foreclosed property from xome.com platform

James Clifton
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James Clifton
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.

1 Answer | Asked in Foreclosure for Georgia on
Q: I need legal advice on how to collect surplus funds from an auction
T. Augustus Claus
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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....
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1 Answer | Asked in Foreclosure for Georgia on
Q: What can a lawyer do to stop/postpone foreclosure sale scheduled tue Nov 7, 2023? DeKalb County, GA

Single family home. I am a senior, age 67

James Clifton
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James Clifton
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

2 Answers | Asked in Foreclosure for Georgia on
Q: How long does it take to get the overage after foreclosure in Georgia
James Clifton
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James Clifton
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

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