Georgia foreclosure

Georgia uses the Security Deed as the debt instrument and the Georgia foreclosure process is usually non-judicial, although judicial foreclosure is also allowed, but takes longer to do.

Most of the foreclosures in Georgia are done using the power of sale clause in the Security Deed. The power of sale clause usually lists the time, place and terms of sale. If there is no power of sale clause then the judicial foreclosure process must be used.

Usually, there is a power of sale clause. In that case the non-judicial process works as follows:

1. A letter must be sent (certified, return receipt) to the last known address of the borrower.


2. This letter must be postmarked at least 15 days before the sale is to take place


3. Sales only take place on the first Tuesday of each month and between the hours of 10:00AM and 4:00PM, unless it is a holiday.


4. Before the sale can take place, it must be advertised in the foreclosure newspaper (called organ) of the county where the property is located. The ad must appear for 4 consecutive weeks prior to the sale


5. If the sale is postponed or terminated, the foreclosure process starts all over again.