In Georgia, lenders have two options to foreclose on a property in default: judicial foreclosure which involves a court order, or non-judicial foreclosure which is allowed if the deed of trust or mortgage contains a power of sale clause. For non-judicial foreclosure, the lender must mail notice to the borrower 15 days before the sale and publish notice in a local newspaper once a week for four weeks. The sale must occur at a public auction on the first Tuesday of the month between 10 am and 4 pm at the county courthouse. Lenders can also seek a deficiency judgment in Georgia if the foreclosure sale does not cover the total amount owed.

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Georgia Foreclosure Law Summary
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- Judicial Foreclosure Available: Yes
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- Non-Judicial Foreclosure Available: Yes
WHO QUALIFIES FOR A SHORT SALE
- Primary Security Instruments: Deed of Trust, Mortgage
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- Timeline: Typically 90 days
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- Right of Redemption: Yes
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- Deficiency Judgments Allowed: Yes
STATE FORCLOSURE LAWS
In Georgia, lenders may foreclose on deeds of trusts or mortgages in default
CONTACT US using either a judicial or non-judicial foreclosure process.
HIRE US Judicial Foreclosure
The judicial process of foreclosure, which involves filing a lawsuit to obtain a
court order to foreclose, is used when no power of sale is present in the
mortgage or deed of trust. Generally, after the court declares a foreclosure,
the property will be auctioned off to the highest bidder.
Non-Judicial Foreclosure
The non-judicial process of foreclosure is used when a power of sale clause
exists in a mortgage or deed of trust. A "power of
sale" clause is the clause in a deed of trust or mortgage, in which the borrower
pre-authorizes the sale of property to pay off the balance on a loan in the
event of the their default. In deeds of trust or mortgages where a power of
sale exists, the power given to the lender to sell the property may be executed
by the lender or their representative, typically referred to as the trustee.
Regulations for this type of foreclosure process are outlined below in the
"Power of Sale Foreclosure Guidelines".
Power of Sale Foreclosure Guidelines
If the deed of trust or mortgage contains a power of sale clause and specifies
the time, place and terms of sale, then the specified procedure must be
followed. Otherwise, the non-judicial power of sale foreclosure is carried out
as follows:
A foreclosure notice must be mailed by certified mail, return receipt requested
to the borrower no later than 15 days prior to the date of the foreclosure sale.
The time period begins the day the letter is postmarked. The notice must be
mailed to the address given to the lender by written notice from the borrower.

2. No waiver or release of the rights to notice is valid if it was signed at the same
time as the original documents.
The notice must be published in a newspaper of general circulation in the
county where the sale will be held once a week for four (4) weeks proceeding
the date of the foreclosure sale.
The sale must be made by public auction on the first Tuesday of the month
between 10:00 am and 4:00 p.m. at the courthouse.
Lenders may seek a deficiency judgment in Georgia.
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