Foreclosures in Georgia move pretty quickly. Because Georgia is a “nonjudicial” foreclosure state, the vast majority of foreclosures are processed, you guessed it, non-judicially. In other words, the entire process is handled without the need to go to court.
Essentially, when a mortgage is in default, all the lender has to do is follow the proper procedures for giving 30-days’ notice to the borrower before the sale and publish notice of the foreclosure in the official county newspaper. Most uncontested foreclosures are completed within 60 to 90 days.
That does not give a borrower in default much time. As a result, if you are in arrears in your mortgage payments, you may want to move quickly to take steps to avoid foreclosure if possible.
Here are 2 things you can do that may help you avoid the foreclosure process completely.
1. Seek Help Early
If you are struggling to make your house payments, whether due to unexpected illness or expenses of any kind, don’t wait until you have missed one or more mortgage payments to get help.
The further behind you get in your payments, the more difficult it becomes to reinstate your loan and the more likely it becomes that you will lose it in foreclosure.
Consider talking to an experienced real estate attorney, to get legal advice about your situation and your rights. Be wary of foreclosure scams where unscrupulous people promise that they can “stop” the foreclosure or that they will negotiate a loan modification for you. When something as important as your house is at stake, you need to talk with someone you can trust who knows the law.
2. Talk To Your Lender
Another option is contacting your lender or loan servicer and talk to them about your situation. You may be able to negotiate a loan modification or a plan for curing the default. Loan servicers may also be able to offer you other options, like a “short sale” or “deed in lieu of foreclosure.”
A loan modification is a written agreement between you and the holder of your mortgage to change the original terms of your mortgage. For example, your loan might be modified to change the interest rate, or length of your loan. The loan modification process is similar to (or can be more complicated than) applying for your original loan. Many lenders have their own loan modification programs, with their own formulas and requirements.
Again, be aware that there are loan scammers out there who may tell you that they will get a loan modification for you for a fee, and that applying for a loan modification may not stop a foreclosure. There have been instances where homeowners have had their homes sold at foreclosure while their modification applications were still pending.
Your home is your biggest and most important investment. If you are facing foreclosure, don’t take chances: get the legal help you need.
We Offer Expert and Cost-Effective Legal Assistance
At the Law Offices of Mark Weinstein, P.C., our clients benefit from our experience and expertise in all aspects of real estate. For nearly 20 years we have dedicated ourselves to only one thing: protecting your property rights. If you are facing foreclosure or have any other real estate matter, call us. We have offices in Cumming, and we serve clients in Atlanta, Gainesville, Gwinnett County, Bartow County, Hall County, Henry County, Cherokee County, Clayton County, Cobb County, and other counties throughout Georgia. To schedule your free phone consultation, call us at: 770-888-7707. Or you can e-mail us with inquiries at: firstname.lastname@example.org