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WHAT IS A FORECLOSURE?
When you fall behind on your mortgage and do not take action to catch it up, foreclosure can be the result. The timeframe for turning around the situation once you get in arrears is limited. After 90 days, the lender (a bank or mortgage company) can begin the process of taking ownership through foreclosure if you have not caught up with the payments.
To understand the next steps of the process, here is a simple breakdown of what you can expect:
How Foreclosure Works in Georgia
When you take a loan with your house or property as collateral, you sign a “Promissory note and a “Security Deed.” These contain all the details of the loan repayment and the procedures for handling a default, should you be unable to make payment.
In Georgia, the title of the property belongs to the lender until the loan is paid in full.
When the borrower misses a payment, they have 90 days to catch up. If the borrower cannot make up the payments, the lender may begin foreclosure formally with the Notice of Default.
What is a Notice of Default?
A Notice of Default, or NOD, is the first step in legally warning you of impending foreclosure. By definition, Notice of Default is declared by the lender when you default under the terms of the “Promissory Note “ or “Security Deed”, which you are a signatory to.
Foreclosure is a simple process for banks. In most cases, all they have to do is send you a notice of intent to foreclosure with a certain time frame. If the borrower doesn’t pay back the money that they owe and reinstate the loan, the bank can run a foreclosure ad for four weeks, then foreclose on the first Tuesday of the following month.
If the bank doesn’t follow proper procedure; however, then the sale is invalid. The key to avoiding a foreclosure is to stop the foreclosure before it happens. A chapter 13 bankruptcy can help you do this.
When to Get Help to Prevent Foreclosure
If you get behind on your mortgage payments and can’t get caught up, or receive a NOD, contact us immediately. We will help you stop foreclosure and save your home.
Understanding the The Foreclosure Process
Thirty days before the scheduled foreclosure sale, the lender must inform the borrower through a notice of the initiation of proceedings to exercise a power of sale. The lender has specific guidelines in which they must provide this notice.
The lender must then publicize the sale. The lender needs to publicly advertise the foreclosure for at least four weeks in the official county newspaper where the property is located. Lender needs to do this only once a week in the month before the scheduled sale.
The borrower then has the option to reinstate the loan. Georgia residents don’t have the right to reinstate the loan before the scheduled sale, except under limited circumstances. However, they have the right to pay back the money owed and reinstate the loan. You can repay up to 5 days before the foreclosure sale. If reinstatement doesn’t happen, the lender can hold a foreclosure sale. If the borrower did not have the ability to pay back the outstanding debt and reinstate the loan within the 30 days since notice was given, then the lender can hold a foreclosure sale on the first Tuesday of the month.
What Can a Foreclosure Attorney Do For You?
Foreclosure law is extremely complicated and many people feel like they just need more time to modify their loan, find mistakes, negotiate with the lender, or get help from family & friends.
Normally, lenders hate loan modification. Who wants to offer a longer tenure rate with reduced interest? Therefore, lenders and mortgage firms purposefully delay loan modification. This is why it’s important to contact an attorney with foreclosure experience so you can avoid this tactic getting used against you.
We will stop any dishonest company from keeping you waiting for a loan modification while perusing the foreclosure process against you.
You should try to avoid foreclosure at the inception. Stopping foreclosure at the start not only helps you retain the mortgaged property but also saves you from disastrous consequences of downgrading your credit score. Our experienced professionals can guide you through the process, offer support and advice along the way to stopping your foreclosure and assisting you with a plan and way to get back on track and reset your debt. Contact us today to schedule and in-person or virtual consultation.