Georgia foreclosures are continuing to negatively impact many homeowners in the state. An understanding of how Georgia courts handle foreclosures is necessary if you want to effectively defend against having your house taken from you by the bank. Here is how the process works and what you can do to help yourself.

In Georgia, there are two kinds of foreclosures, non-judicial and judicial. Non-judicial allows the bank to circumvent the courts and sell the home from underneath the homeowner. If there is no non-judicial clause in the loan contract or there is a problem with the title of the house then the foreclosure is taken through a judicial process involving the courts.

Non judicial is the most common kind of foreclosure in Georgia because it allows lenders to avoid court proceedings that might draw out the proceedings. Lenders are not required by law to let homeowners know they will be selling the house. However, the deed of trust or mortgage title company usually requires them to send a notice to the homeowner before anything can be done with the title.

With judicial proceedings the bank files a suit with the court that describes the past due status of the property, the amount owed as well as a description of the property. The homeowner is given 30 days to resolve the default. If the amount is not paid the home will then be put up for sale.

Non-judicial foreclosure proceedings are started by the lender when they schedule a date for the house to be sold. Thirty days before the sale is to commence they will send the homeowner a notice. In addition, each week for 4 weeks prior they will publish notice of the sale. At any time, the homeowner can stop the sale by paying what is owed plus fees. If the account is still in arrears then the home is sold the first Tuesday of the month.

Your first step in foreclosure defense is to retain an attorney who can help you employ a number of strategies that may slow down or stop foreclosure proceedings. One such strategy is to force the bank to produce documents proving they are the owners of the bank note.

This is proving difficult for many banks today because a lot of the loans were bought and sold during the housing crisis and many documents were destroyed or lost. Forcing the bank to prove they own your loan note takes time which you can use to resolve your past due payments.

The smartest thing you can do while fighting a Georgia foreclosures is to stay in your house. Your legal options diminish the moment you move out of the home and getting your home back may prove to be impossible. In all honesty, the bank does not want your home. They would rather have the money. Therefore work with your attorney to find a solution that can give the both of you what you really want. A resolution that satisfies you both.

If a GA foreclosure is about to arise, you need to learn more about GA foreclosures. Information on these topics can be found all over the net and there are many experts that will help you.