How Foreclosure Works in Georgia

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.

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.

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.