Georgia Foreclosure Law: How It’s Different, What You Should Know

Georgia uses non‑judicial foreclosure, meaning the lender can proceed without going to court. Here’s how the process looks under Georgia law:

1. Notice of Default & Right to Cure (OCGA §44‑14‑162.2) When two payments are missed, the lender must send a “Notice of Intent to Accelerate.” Georgia gives you 30 days to catch up before acceleration.

2. Deed to Secure Debt & Power of Sale Georgia deeds typically include a “power of sale” clause. After the 30‑day cure period, the lender mails a Notice of Sale at least 30 days before the auction and publishes it in the local paper for four consecutive weeks.

3. Auction by Sheriff or Trustee On sale day, the sheriff or appointed trustee conducts the sale. The winning bidder can be the lender itself, often at a “credit bid” (the loan amount).

4. Post‑Sale Redemption Rights Georgia does not provide a statutory right of redemption after auction. Once the sale is final, the bidder or lender takes full legal possession.

5. Surplus Funds Process If the sale brings in more than the total debts (loan, fees, taxes), those funds are held with the clerk’s office. You have typically one year to claim them via formal petition.

Bottom Line: Georgia moves fast—and once the sale happens, your window for action closes quickly. That’s why reaching out early matters. Mercy Management helps with deadlines, paperwork, and maximum recovery.