Options for Avoiding Foreclosures

Homeowners in Georgia who fall behind in their mortgage payments don't have much time to get their situations turned around. Why?

Foreclosures in Georgia are not a matter for judicial review. The banks which hold mortgages do not have to present their cases for foreclosure in court; unless the defaulting property owners' purchasing agreements state differently, proceedings for foreclosures in Georgia can begin at the lender's discretion.

However, some lenders, before instituting foreclosures in Georgia, will offer the homeowners the opportunity to make good on their missed payments. Others will simply add a portion of the owe amounts to the homeowners' monthly payments until they are caught up; but the homeowners will have to be able to manage larger monthly payments. In view of the fact that they are already in arrears on their lower ones, this solution may not be effective for all of them.

One other option which lenders offer to enable their borrowers to avoid foreclosures in Georgia is to refinance their homes with smaller monthly payments, provided the homeowners have insurance which will cover any delinquent amounts. But there are insurance companies which will cancel a homeowner's policy as soon as this coverage is invoked.

If Foreclosure Is Unavoidable

If, no matter what help the lenders have extended, the homeowners cannot meet their monthly payments, foreclosures in Georgia are inevitable; the homeowners will be given notice of the foreclosures fifteen days before the process begins.

The lenders, under the laws for foreclosures in Georgia, are obligated to publish their intent to sell the properties for four consecutive weeks in the newspapers where the properties are located. The notices must detail the physical information and mortgage of the properties, and the location and times of their sales. They will also contain the names of the former homeowners and the mortgage holders.

Foreclosures in Georgia are sold at the Court House of the county in which the properties are located, on the first Tuesdays of every month form 10:00 A.M. to 4:00 P.M. with the exception of New year's Day and July 4th; if either of those days falls on the first Tuesday, the sales will be postponed until the next Wednesday.

Successful bidders on foreclosures in Georgia must pay the full amount of their bids to the property's owner, unless the successful bid was a minimum placed by the lender.

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