Foreclosure Services

Georgia is a non-judicial foreclosure state, which makes the process faster than most — and makes the procedural requirements less forgiving. A notice sent to the wrong address or an advertisement that ran a week short is not a small error; it is grounds to set the sale aside.

How a Georgia non-judicial foreclosure runs

Foreclosure here proceeds under the power of sale contained in the security deed. Provided the deed grants that power, no court action is required — but the statutory steps have to be exact.

We handle the file end to end and report back to the lender or servicer at each stage.

• Review of the security deed to confirm the power of sale
• Statutory notice to the debtor under O.C.G.A. § 44-14-162.2, including the name and contact of the party with full authority to negotiate
• Advertisement in the county's legal organ for four consecutive weeks
• Sale conducted on the courthouse steps on the first Tuesday of the month
• Deed under power prepared, executed and recorded
• Report of sale and post-sale accounting to the lender

The notice requirement is where files fail

O.C.G.A. § 44-14-162.2 requires written notice to the debtor at least 30 days before the sale, and it must identify the individual or entity with full authority to negotiate, amend and modify the loan terms. Courts have set sales aside over that identification alone.

We confirm the notice content against the current statute on every file rather than reusing a template that was correct three years ago.

Confirmation and deficiency

If the lender intends to pursue a deficiency, the sale must be confirmed by the superior court within 30 days — and confirmation requires proving the property brought its true market value. Missing that window forfeits the deficiency claim entirely. We flag it at the outset so the decision is made deliberately rather than by default.

Title work before and after

We run the title examination that identifies junior liens entitled to notice, and handle the post-sale title work on the deed under power. Because the same office does the search and the sale, the parties entitled to notice are identified from our own examination.

Common questions

How long does a Georgia foreclosure take?

The statutory minimum is driven by the 30-day debtor notice and four consecutive weeks of advertising, so roughly 60 days from a clean start to sale — assuming no bankruptcy filing, loss-mitigation hold or defect in the security deed.

When are foreclosure sales held?

On the first Tuesday of each month, on the courthouse steps of the county where the property sits, between 10:00am and 4:00pm.

Do you represent homeowners facing foreclosure?

Our foreclosure practice is on the lender and servicer side. A homeowner facing foreclosure should have independent counsel, and we would encourage you to get it promptly — the timelines are short.