Georgia · Non-judicial state · O.C.G.A. § 44-14-162.2

Most Georgia lenders never take you to court. They mail a notice and advertise the sale.

Strip out the 120 days federal law makes every servicer wait and Georgia’s own process is about a month: thirty days of certified-mail notice and four weeks of newspaper advertising, running at the same time. On the usual power of sale route there is no lawsuit and no judge before the sale. No statutory right to reinstate, and nothing to buy back once the hammer falls.

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The 30-day notice has to give the name, address and phone number of an individual or company with full authority to negotiate, amend and modify your loan. That is a phone number for somebody who can actually settle with you, so call it.

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Step one

Make the call.

Call your mortgage servicer (the number is on your statement) before the next payment is due, or today if you are already behind. Servicers have programs for people who lose a job, get sick or hit a rough patch, but they only start when you ask. A foreclosure costs them money too.

What to say

“I’ve had a hardship and I want to keep my home. Please send me a loss mitigation application and tell me every option for my loan.” If your loan is FHA, VA or USDA, ask about that program’s options by name.

What to have ready

Your latest mortgage statement, recent pay stubs or unemployment letter, two months of bank statements, last year’s tax return, and a short hardship letter. Expect a lot of paperwork. Send all of it, because a complete application is what protects you.

Write everything down

Date, time, who you spoke to and what they said. Keep copies and proof of when you sent your papers. A complete application more than 37 days before a sale stops that sale while they decide.

Don’t want to call alone? A free HUD-approved counselor will help: 1-800-569-4287. And if the home is ever sold at auction, ask about surplus funds: money left over after the debt is paid can belong to you, but you usually have to claim it.

What Georgia gives you

Rights that exist because the property is in Georgia, whatever a servicer tells you on the phone.

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Condos, co-ops and row houses can follow their own lien rules.
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Where to get real help, free

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A free counselor can read your papers with you before any deadline.

Regional legal aid programs take foreclosure cases at no cost if you qualify by income. Start at LawHelp.org, which lists free legal aid programs state by state.

HUD-approved housing counselors are free in every state — 1-800-569-4287. Some states, courts and counties run foreclosure mediation or counseling programs; ask your servicer or a HUD-approved counselor whether yours does.

Anyone who contacts you first, guarantees they can stop the sale for a fee paid up front, or asks you to sign the deed over is running a scam. Never sign a deed to someone promising to save your home.

Status of this page

Checked against the statutes cited beside each step. Every legal claim on this page is registered with its citation and was checked against official sources and then reviewed again by an independent checker. Dates marked as estimates are estimates. Appellate case law was not independently verified, and laws change, so have a Georgia foreclosure attorney confirm anything that matters before you act.

Questions people ask about Georgia foreclosure

Short answers, each one sourced to the statute cited on this page.

How long does foreclosure take in Georgia?

With no delays or disputes, a Georgia foreclosure runs roughly 184 days from the first missed payment to the sale. Most of that is the federal rule barring any first notice or filing until the loan is more than 120 days delinquent. Georgia’s own process is about a month: a 30-day notice of sale and four weeks of newspaper advertising, running at the same time.

Is Georgia judicial or non-judicial?

Georgia is a non-judicial foreclosure state. You signed a security deed that gave the lender legal title and a power of sale, so no lawsuit is filed and no judge reviews the file before your home is sold. Condominium and homeowners association liens are the exception — those must be foreclosed by suit and judgment.

When are foreclosure sales held in Georgia?

On the first Tuesday of the month, between 10 a.m. and 4 p.m., at the county courthouse. If that Tuesday falls on 1 January or 4 July, the sale moves to the first Wednesday.

Can I get my house back after a foreclosure sale in Georgia?

Not after a mortgage foreclosure. Georgia gives no post-sale right of redemption on a security deed. Redemption exists only after a tax sale, where you have at least 12 months and pay the bid plus a 20 percent premium for the first year.

What is the 30-day notice in Georgia foreclosure?

O.C.G.A. 44-14-162.2 requires notice sent by registered or certified mail or statutory overnight delivery, return receipt requested, at least 30 days before the sale. It must give the name, address and phone number of an individual or entity with full authority to negotiate, amend and modify all terms of the loan, though the lender does not have to agree to any change.

Can the lender come after me for the balance after foreclosure in Georgia?

Only if it confirms the sale. Under O.C.G.A. 44-14-161 the lender must report the sale to the superior court within 30 days and obtain an order confirming the property brought true market value, after a hearing you get at least five days notice of. If that is not done within 30 days, the deficiency is barred permanently.

Last verified: October 18, 2026. Every deadline and citation on this page was checked against Georgia law and the federal rules it cites. Laws change during the year, so if something here looks out of date or wrong, tell us and we will check it against the law.

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