Georgia Foreclosure Laws: Process, Timeline and Your Rights
Georgia foreclosure rules: judicial or non-judicial, required notices, time frames, right to cure, redemption period, deficiency judgments, HOA liens and help for homeowners.
Quick answers for Georgia
- Judicial or non-judicial
- Non-judicial. The Georgia Attorney General describes Georgia as a "non-judicial foreclosure" state: a lender can foreclose under the power of sale in a security deed without filing suit or going before a judge. Georgia Attorney General, Mortgage and Foreclosure Information; O.C.G.A. § 44-14-162
- Time frames set by law
- The notice to the borrower must be sent at least 30 days before the sale, and the advertisement must run for four consecutive weeks before the sale. O.C.G.A. §§ 44-14-162, 44-14-162.2; Georgia Attorney General, Mortgage and Foreclosure Information
- Deficiency judgments
- Possible, with a court step. After a non-judicial sale that does not cover the debt, the lender cannot pursue a deficiency judgment unless, within 30 days after the sale, it reports the sale to the superior court judge for confirmation and obtains an order confirming it. O.C.G.A. § 44-14-161
Last verified: 2026-10-27
How foreclosure works
| Judicial or non-judicial | Non-judicial. The Georgia Attorney General describes Georgia as a "non-judicial foreclosure" state: a lender can foreclose under the power of sale in a security deed without filing suit or going before a judge. The sale must be advertised and conducted like a sheriff's sale in the county where the property is located. |
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| Required notices | At least 30 days before the proposed foreclosure sale, the lender must send the borrower written notice by registered or certified mail or statutory overnight delivery (return receipt requested) to the property address or another address the borrower designated. The notice must include a copy of the sale advertisement and the name, address and phone number of the person or entity with full authority to negotiate, amend and modify the loan terms. The sale must also be advertised in the official county newspaper for four consecutive weeks before the sale, and the security instrument (or assignment) must be filed with the superior court clerk before the sale. |
| Time frames set by law | The notice to the borrower must be sent at least 30 days before the sale, and the advertisement must run for four consecutive weeks before the sale. The Attorney General explains that foreclosure sales are held on the courthouse steps on the first Tuesday of the month between 10:00 a.m. and 4:00 p.m. |
After the sale
| Deficiency judgments | Possible, with a court step. After a non-judicial sale that does not cover the debt, the lender cannot pursue a deficiency judgment unless, within 30 days after the sale, it reports the sale to the superior court judge for confirmation and obtains an order confirming it. The court must be satisfied the property sold for its true market value, the borrower must get at least 5 days' notice of the hearing, and the court may order a resale for good cause. Source: O.C.G.A. § 44-14-161 |
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HOAs, taxes and selling
| HOA liens and foreclosure | Yes, for property owners' associations under the Georgia Property Owners' Association Act, through a court action. The association's lien for assessments may be foreclosed by court action no sooner than 30 days after notice is sent by certified mail or statutory overnight delivery to the owner, stating the amount due. No foreclosure is allowed unless the lien is at least $2,000. The lien is subordinate to a first mortgage and to property taxes. Source: O.C.G.A. § 44-3-232 |
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| Property tax sales | After a tax sale, the owner or anyone with an interest in or lien on the property may redeem by paying the redemption amount set by law at any time within 12 months from the sale, and afterward until the right to redeem is ended by the buyer giving the statutory notice of foreclosure of the right to redeem. Source: O.C.G.A. §§ 48-4-40, 48-4-45 |
Getting help
| Free help for homeowners | The Georgia Attorney General points homeowners to the Homeowner's HOPE Hotline at 1-888-995-HOPE (4673) and warns against paying up-front fees for foreclosure help. For free legal help, it lists the Atlanta Legal Aid Society (404-377-0701) for Clayton, Cobb, DeKalb, Fulton and Gwinnett counties and the Georgia Legal Services Program (1-800-822-5391) for other counties. The Georgia Department of Community Affairs lists HUD-approved housing counseling agencies. DCA's Georgia Mortgage Assistance program has closed to new applications. |
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Foreclosure & Homeowner Law FAQ
Is Georgia a judicial or non-judicial foreclosure state?
Non-judicial. The Georgia Attorney General describes Georgia as a "non-judicial foreclosure" state: a lender can foreclose under the power of sale in a security deed without filing suit or going before a judge. The sale must be advertised and conducted like a sheriff's sale in the county where the property is located.
What notice is required before a foreclosure sale in Georgia?
At least 30 days before the proposed foreclosure sale, the lender must send the borrower written notice by registered or certified mail or statutory overnight delivery (return receipt requested) to the property address or another address the borrower designated. The notice must include a copy of the sale advertisement and the name, address and phone number of the person or entity with full authority to negotiate, amend and modify the loan terms. The sale must also be advertised in the official county newspaper for four consecutive weeks before the sale, and the security instrument (or assignment) must be filed with the superior court clerk before the sale.
How long does foreclosure take in Georgia?
The notice to the borrower must be sent at least 30 days before the sale, and the advertisement must run for four consecutive weeks before the sale. The Attorney General explains that foreclosure sales are held on the courthouse steps on the first Tuesday of the month between 10:00 a.m. and 4:00 p.m.
Can the lender come after you for the rest of the loan after foreclosure in Georgia?
Possible, with a court step. After a non-judicial sale that does not cover the debt, the lender cannot pursue a deficiency judgment unless, within 30 days after the sale, it reports the sale to the superior court judge for confirmation and obtains an order confirming it. The court must be satisfied the property sold for its true market value, the borrower must get at least 5 days' notice of the hearing, and the court may order a resale for good cause.
Can an HOA foreclose on your home in Georgia?
Yes, for property owners' associations under the Georgia Property Owners' Association Act, through a court action. The association's lien for assessments may be foreclosed by court action no sooner than 30 days after notice is sent by certified mail or statutory overnight delivery to the owner, stating the amount due. No foreclosure is allowed unless the lien is at least $2,000. The lien is subordinate to a first mortgage and to property taxes.
How do you get your home back after a tax sale in Georgia?
After a tax sale, the owner or anyone with an interest in or lien on the property may redeem by paying the redemption amount set by law at any time within 12 months from the sale, and afterward until the right to redeem is ended by the buyer giving the statutory notice of foreclosure of the right to redeem.
Where can homeowners get free foreclosure help in Georgia?
The Georgia Attorney General points homeowners to the Homeowner's HOPE Hotline at 1-888-995-HOPE (4673) and warns against paying up-front fees for foreclosure help. For free legal help, it lists the Atlanta Legal Aid Society (404-377-0701) for Clayton, Cobb, DeKalb, Fulton and Gwinnett counties and the Georgia Legal Services Program (1-800-822-5391) for other counties. The Georgia Department of Community Affairs lists HUD-approved housing counseling agencies.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.