If you’re reading this because you’re behind on mortgage payments or you’ve received notices from your lender, I want you to know something first:
You’re not alone — and you still have options.
Foreclosure can feel overwhelming, especially when the letters start coming and the language feels intimidating. Understanding how the foreclosure process works in Georgia is one of the most important steps you can take right now. Knowledge won’t erase the stress, but it will help you make calmer, more informed decisions instead of reacting out of fear.
Let’s walk through this together, step by step.
Understanding the Foreclosure Process in GA
What Is Foreclosure, Really?
Foreclosure is the legal process a lender uses to take back a property when mortgage payments fall far enough behind. Your home is used as collateral for the loan, and when payments stop, the lender has the right to recover what’s owed by selling the property.
Foreclosure is not easy — emotionally or financially.
But it’s also not the end of the road.
I’ve worked with many homeowners over the years who were facing foreclosure due to job loss, medical issues, divorce, rising expenses, or just a tough season of life. It happens more often than people realize — and it doesn’t define you.
Why Understanding the Foreclosure Process Matters
Foreclosure laws vary from state to state. When you understand how foreclosure works specifically in GA, you can:
Make informed decisions instead of reactive ones
Avoid costly mistakes or missed deadlines
Identify opportunities to sell, negotiate, or exit gracefully
Protect your credit and future housing options as much as possible
The earlier you understand the process, the more leverage and flexibility you usually have.
The Two Main Types of Foreclosure
Across the U.S., foreclosure generally happens in one of two ways:
1. Judicial Foreclosure
2. Power of Sale (Non-Judicial Foreclosure)
Under Judicial Foreclosure:
- Your mortgage lender must file suit in the court system.
- You’ll get a letter from the court demanding payment.
- Assuming the loan is valid, you’ll have 30 days to bring a payment to court to avoid foreclosure (and sometimes that can be extended).
- If you don’t pay during the payment period, a judgment will be entered, and the lender can request the sale of your property – usually through an auction.
- Once the property is sold, the sheriff serves an eviction notice and forces you to immediately vacate the property.
Under Power of Sale (or Non-Judicial Foreclosure):
- The mortgage lender serves you with papers demanding payment, and the courts are not required, although the process may be subject to judicial review.
- After the established waiting period has elapsed, a deed of trust is drawn up , and control of your property is transferred to a trustee.
- The trustee can then sell your property to the lender at a public auction (notice must be given).
Anyone who has an interest in the property must be notified during either type of foreclosure.
For example, any contractors or banks with liens against a foreclosed property are entitled to collect from the proceeds of an auction.
Why It’s Especially Important to Understand Foreclosure in Georgia
Foreclosure laws are state-specific, and Georgia is what’s known as a non-judicial foreclosure state.
That matters — a lot.
In Georgia, lenders do not have to go through the court system to foreclose. Because of that, the process can move faster than many homeowners expect.
Understanding the timeline and rules gives you back something foreclosure tries to take away: control.
How Foreclosure Works in Georgia (Non-Judicial / Power of Sale)
Georgia uses a process called Power of Sale, also known as non-judicial foreclosure. This means foreclosure happens outside of court, based on the language in your mortgage or deed of trust.
Here’s how it generally works:
Missed Payments Begin
Foreclosure usually doesn’t start after one missed payment. In many cases, lenders begin the process after 3–6 months of missed payments, though this can vary.Notice of Default
You’ll receive written notices from your lender letting you know the loan is in default and demanding payment.Notice of Sale
If the default isn’t cured, the lender can move forward with scheduling a foreclosure sale.
In Georgia, the lender must:Publish notice of the sale in the local legal newspaper
Send notice to the borrower as required by law
Foreclosure Auction
Foreclosure sales in Georgia are typically held:On the first Tuesday of the month
On the courthouse steps of the county where the property is located
Transfer of Ownership
Once the sale occurs, ownership transfers to the winning bidder (often the lender), and the foreclosure is complete.
Because this process does not require court involvement, it can move quickly once the Notice of Sale is issued. That’s why timing and clarity are so important.
If You’re Unsure Where You Are in the Process
If you’re not sure:
What notices you’ve received
How far along you are
Whether you still have time
That’s very common.
If you want clarity, you can call or text me at (404) 465 4646, or fill out the form on this page. I’ll personally look at your situation and explain how foreclosure works here in Atlanta, Georgia, so you know exactly where you stand and what options may still be available.
Who Must Be Notified During Foreclosure in Georgia?
Anyone with a legal interest in the property must be notified, including:
Other lenders
Contractors or lien holders
Judgment creditors
These parties may have rights to proceeds from the foreclosure sale.
What Happens After a Foreclosure Sale?
Once a foreclosure sale takes place:
The loan balance is paid from the sale proceeds
If the sale does not cover the full amount owed, the lender may pursue a deficiency judgment
What Is a Deficiency Judgment?
A deficiency judgment allows a lender to seek repayment from the borrower for the remaining balance after foreclosure.
In Georgia, deficiency judgments are allowed — but only if the lender follows strict legal procedures, including court confirmation of the sale. This is one reason why understanding your options before foreclosure is completed can matter so much.
Here’s a great resource that lists the state by state deficiency judgment laws, since every state is different.
Why Many Homeowners Choose to Avoid Foreclosure If Possible
Foreclosure can impact:
Your credit for years
Your ability to buy or rent again
Your emotional well-being
In many cases, selling the home before foreclosure is completed can:
Stop the foreclosure process
Reduce or eliminate deficiency risk
Protect your credit more than foreclosure would
Give you control over timing and transition
Even if your home is worth less than what you owe, there may still be options worth exploring.
Selling a House in Foreclosure in Atlanta, Georgia
If you’re facing foreclosure and need to sell a property in or around Atlanta, I can help you understand your options.
I work one-on-one with homeowners who:
Are behind on payments
Are facing foreclosure
Want honest information without pressure
I’ll explain what’s realistic, what timelines look like, and whether selling makes sense in your situation — even if the answer ends up being “not right now.”
Talk With Me — No Pressure, Just Clarity
If you’re dealing with foreclosure in Atlanta and you’re not sure what to do next, you don’t have to figure it out alone.
You can fill out the form on this page and tell me a little about what’s going on. I’ll personally review it and let you know what options you may have — even if selling isn’t the right answer.
If you’d rather talk, you can also call or text me directly at (404) 465 4646.
If I’m unavailable, leave a message, and I’ll get back to you as soon as I can.
There’s no pressure and no obligation — just a real conversation with someone who understands the process.
🔗 Additional Trusted Resources
If you’d like to explore official, neutral information related to foreclosure and homeowner assistance, these resources may be helpful:
U.S. Department of Housing and Urban Development (HUD) –
Foreclosure Avoidance & Housing Counseling
https://www.hud.gov/topics/avoiding_foreclosureConsumer Financial Protection Bureau (CFPB) –
Mortgage Help & Foreclosure Information
https://www.consumerfinance.gov/consumer-tools/mortgages/Georgia Department of Community Affairs (DCA) –
Homeowner Assistance & Housing Resources
https://www.dca.ga.gov/safe-affordable-housing/homeownership
These sources provide general information and may help you better understand programs, rights, and next steps related to foreclosure and housing stability.
⚖️ Important Disclosure
I am not an attorney, and this information is not legal advice.
Every foreclosure situation is different, and laws can vary. For legal guidance specific to your circumstances, I strongly recommend consulting with a qualified real estate or foreclosure attorney.
