What is the foreclosure timeline for my state?
In Georgia, the foreclosure timeline is typically about 90 days, but can vary depending on the situation. Generally, once a homeowner is delinquent in mortgage payments, the loan servicer will file a lawsuit in Superior Court, commonly referred to as a foreclosure action. This lawsuit will include an Order to Show Cause, which is an order from the court requiring the homeowner to appear in court and show why their home should not be foreclosed. If the homeowner does not appear in court, the lender will be allowed to apply for a Final Judgment and Decree of Foreclosure, which officially grants the lender the right to foreclose on the property. This Final Judgment and Decree of Foreclosure will be publicly recorded in the local county courthouse, and will include the date of sale. Once the lender is granted the right to foreclose, they must publicly advertise the impending sale of the home, usually at least a few weeks in advance of the sale date. The notice of foreclosure must be published in a local newspaper and posted on the courthouse door. Finally, once all the advertising has taken place, the property will be scheduled to be sold at an auction. It is highly recommended that the homeowner consult with a foreclosure defense attorney prior to the sale date to determine what options may be available to them in order to prevent the foreclosure.
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