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Georgia Foreclosure Questions & Answers
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 for Georgia on
Q: I need legal advice on how to collect surplus funds from an auction
T. Augustus Claus
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T. Augustus Claus pro label 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....
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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
PREMIUM
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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1 Answer | Asked in Foreclosure for Georgia on
Q: I have defense to a non judicial foreclosure .. how do I file a lawsuit
James Clifton
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James Clifton
answered on Jun 20, 2023

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

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Georgia on
Q: I have a property in Georgia that went into bank foreclosure, it sold for significantly more than was owed.

I understand that the surplus is to go to the title holder but I don't understand how to start that process or how to make the motion to have the trustee send the funds to me.

James Clifton
PREMIUM
James Clifton
answered on Jun 1, 2023

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

1 Answer | Asked in Foreclosure for Georgia on
Q: A man stopped by my house and told me he bought it in foreclosure sale. I haven't received any notice of this sale.

Another man send me a summons. Is this legal?

James Clifton
PREMIUM
James Clifton
answered on May 15, 2023

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

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Land Use & Zoning for Georgia on
Q: Do you have a certain amount of time to buy back or reimburse someone after they bought property

At auction due to a death and the property to be considered unclaimed

Jennifer Pierce
Jennifer Pierce
answered on May 9, 2023

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

1 Answer | Asked in Real Estate Law and Foreclosure for Georgia on
Q: My fathers home foreclosed. I’m the executor for the estate as he passed away. Can you tell me what OCGA § 13-1-11 is?

Unpaid Principal and interest = $345,275.62

15% of the first $500 = $75.00

10% of the rest = $34,477.56

Total Stat fees = $34,552.56

James Clifton
PREMIUM
James Clifton
answered on Mar 17, 2023

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

2 Answers | Asked in Foreclosure for Georgia on
Q: My home was foreclosed upon 4 y ago in ga. Tax assessors doc still listed house in my name todays date . Help

Was looking up my name today on google. And found that my home that was foreclosed upon four years ago in GA is still listed in my name with todays date on the county tax assessors page Is there something I can do with this information to possibly get my house back?

John Michael Frick
John Michael Frick
answered on Mar 17, 2023

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...
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2 Answers | Asked in Foreclosure for Georgia on
Q: My home was foreclosed upon 4 y ago in ga. Tax assessors doc still listed house in my name todays date . Help

Was looking up my name today on google. And found that my home that was foreclosed upon four years ago in GA is still listed in my name with todays date on the county tax assessors page Is there something I can do with this information to possibly get my house back?

James Clifton
PREMIUM
James Clifton
answered on Mar 17, 2023

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

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1 Answer | Asked in Real Estate Law and Foreclosure for Georgia on
Q: "Complaint for Judicial Foreclosure of Lien and Damages" in Georgia. Can they foreclose on my home or just place Lien?

I owe 18,000. in back HOA fees. Orignially I was told 13,000.00 from the HOA. I called the court and was told to answer the summons via internet. I now work in Seattle WA, but want to keep the property in Georgia. I don't know what my legal recourse is for this. Not sure if they are placing a... View More

James Clifton
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James Clifton
answered on Feb 28, 2023

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

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
PREMIUM
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, Entertainment / Sports, Gaming and Trademark for Georgia on
Q: I would like to get this company together for the first few months and then I’ll get it to up and running in no time

I have a question about how my life would be if I got this company and how much money would be made for my future and family is it sure success in the business or what I do need to know if I going to make my money back in wholesale or whole period

Linda Liang
Linda Liang
answered on Oct 7, 2021

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

2 Answers | Asked in Bankruptcy and Foreclosure for Georgia on
Q: Hello, I have a question related to bankruptcy and home ownership.

I'm a first time homeowner that purchased my home in 1998. I have been living in my home for almost twenty three years. Due to economic hardship, I had to file for chapter 7 bankruptcy in 2010. It has been discharged and no longer showing on my credit report. My question is, what are my rights... View More

Lloyd  Nolan
Lloyd Nolan
answered on Aug 23, 2021

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

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1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Georgia on
Q: The indenture date on the deed under power has the 3rd Tues, shouldn't it be dated the 1st Tues to be a forclosur sale?

The lender foreclosure/indenture date of sale is the 3rd Tues, instead of the 1st Tues. The purchaser that bought the house from the lender has all the foreclosure fees in the HUD STATEMENT. Sale date is the 3rd Tues.

Can a lender avoid going to the court house steps & sell/foreclose on... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Aug 18, 2021

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."

1 Answer | Asked in Contracts, Criminal Law and Foreclosure for Georgia on
Q: I posted bond for some one, can I get that back?

How a would go about getting my bond money back?

Lance Mixon
Lance Mixon
answered on Apr 25, 2020

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.

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