If you live and own property in Georgia, you should know what foreclosure means in your state. Remember all the documents that you signed at your closing? If you took out a mortgage on your property, there is a “power of sale” clause in one of the documents, that gives your lender the right to foreclose on your property.
A foreclosure is “the sale of real property by a secured lender pursuant to the power of sale clause contained in a security instrument”. This means, simply, that the lender has the right to foreclose if there is a debt secured by a valid security instrument and if the statutory foreclosure and notice process has been followed.
In Georgia, real property foreclosures are non-judicial (a judge is not involved in the process). Other states, such as Florida, require that a judge be involved in the foreclosure process. Generally, if a lender forecloses in Georgia:
· There must be the existence of a promissory note and security agreement, secured by real estate in the State of Georgia;
· The promissory note is in default;
· Witten notice of the default has been mailed to the borrower (the borrower may bring the debt current within the next thirty (30) days to stop the foreclosure process);
· Advertisement has been published in a legal organ (newspaper) of the county in which the property is located. The ad must run once per week, for four (4) consecutive weeks, prior to the sale;
· Auction of the property takes place on the first Tuesday of the next month (except when that date is January 1 or July 4) on the county’s courthouse steps. The property is sold to the highest bidder for cash.
What happens on the day of foreclosure?
In most metropolitan Atlanta counties, there are dozens of people milling around. The attorneys read out loud the foreclosure ads, and many times, there are multiple ads being read at once. After the attorney reads the foreclosure ad, the attorney opens the bidding.
· Typically, the foreclosing lender will make the first bid, which is for the debt owed. That debt includes principal, interest, late fees, as well as the attorney’s fees and expenses of foreclosure;
· After the first bid, there is open bidding. Anyone, other than the original borrower, can bid;
· The terms are simple: cash from the highest bidder. If you are bidding, bring certified checks!;
· Once a winning bidder is determined, the attorney will write down the bidder’s contact information, so that a deed under power of sale (known as a “DUP”) can be prepared. The DUP is typically given to a buyer after foreclosure; it is usually the buyer’s responsibility to record it.
A foreclosed property does not guarantee a clean title. Many savvy investors conduct their own title searches or have an attorney or title company perform one. Either way, a title search is important for several reasons:
· Liens (all types), encumbrances and mortgages filed prior to the mortgage being foreclosed, are not affected by the foreclosure;
· The foreclosure a second mortgage does not wipe out a first mortgage;
· Federal tax liens against the borrower in foreclosure vest a right for the IRS to redeem the property. Proper notice must also be delivered to the IRS to start the time running on the IRS’s redemption rights.
Looking for a specific area? Click here: Atlanta Foreclosures and Bank-owned Properties. We’ve already done the searching for you! Or, if you are interesting in buying or selling a home in Atlanta, call us. Experience True Experience!
call u