Mortgage Foreclosure Lawyer


Speak with a trusted real estate litigation attorney in Cherokee County, Georgia.

When Do You Need a Mortgage Foreclosure Attorney?

Caught in a mortgage foreclosure? Secure your home with Perigon Legal Services, your dedicated mortgage foreclosure lawyer. We are just one call away.

Author: Stan Faulkner, Founder, Perigon Legal Services, LLC

Mr. Faulkner is an experienced counselor and litigator with 15 years of experience, having held bar licenses in four states (Mo, Il, Ct and Ga). Stan Faulkner uses this experience and focuses his skills in the pursuit of assisting individuals in probate (trust and estate) matters, guardianships and conservatorships, estate planning, business disputes and contract disputes. Published on April 02, 2024.

Are you dealing with foreclosure proceedings? Are you considering fighting back and seeking assistance from a foreclosure attorney? If you find yourself in a situation where you have received a notice from the lender indicating that they are trying to foreclose on your home or real property, it is of crucial importance that you consult with a lawyer. Going through this challenging process alone is not only emotionally demanding, but it can also result in the loss of your property.

Do not hesitate to speak with a real estate litigation attorney if you’re facing a potential foreclosure or the foreclosure case has started. Foreclosures are complicated and scary, especially for people who do not know the law. An attorney who is experienced and knowledgeable in Georgia foreclosure laws can help you determine if you have a defense in the situation that you’re currently in.

Real estate laws are confusing and complicated. Every state has its own set of rules and procedures. Experienced lawyers from Perigon Legal Services are ready to assist you.

What Is a Foreclosure?

Foreclosure happens when the borrower fails to pay their mortgage loan. It is a legal process that allows the lender to seize the borrower’s property and sell it to recover the remaining debt on the loan.

The foreclosure process can either be judicial or non-judicial.

Judicial foreclosure happens when the lender goes to the court to get a judgment. The proceedings can last up to a year. Non-judicial foreclosure does not require court intervention. It usually takes only a month or two to foreclose a property after the non-judicial process.

Different processes are involved in these two types of foreclosure. Thus, it is crucial to speak with a mortgage foreclosure attorney ASAP. You may be able to stop the foreclosure process if you seek legal help immediately.

How Does the Foreclosure Process Work in Georgia?

Georgia is a non-judicial foreclosure state. So, when a borrower defaults on their mortgage payments, the lender can initiate foreclosure without going to court.

1. Default

The borrower must have defaulted in the payment of the loan first. Default happens when the mortgagor fails to repay the loan per the agreed terms in the original promissory note. Default can also happen if you fail to pay your property taxes or maintain the required insurance on the property.

2. Notice

The mortgage holder must give the borrower a notice of intent to foreclose. In Georgia, the notice should be sent at least 30 days before the proposed foreclosure sale date. Here are some important notes when it comes to notice:

  • The notice of foreclosure must be in writing. The following details of the person who is authorized to negotiate and amend or modify the loan terms should be included in the notice:
    • Name
    • Address
    • Telephone number
  • Send the notice to the borrower through registered or certified mail or statutory overnight delivery, with a return receipt requested.
  • A copy of the advertisement of the foreclosure sale must accompany the notice.

3. Publication

The mortgage holder must publish the foreclosure notice in the official county newspaper where the real property is situated. This publication must occur for four consecutive weeks leading up to the scheduled foreclosure date.

4. Proof of Ownership

The mortgage holder must also prove that it owns title to the mortgaged property. The proof must be filed with the clerk of the county’s superior court where the property is located.

5. Foreclosure Sale

The sale takes place at the courthouse steps. The sale happens every first Tuesday of the month.

The property will be sold to the highest bidder at the foreclosure sale. This is a public proceeding where anyone can participate. The mortgaged property is awarded to the highest bidder. If nobody participates, or the highest bid is insufficient to pay the outstanding debts, the property is returned to the lender.

Some states allow a delinquent borrower to reinstate the loan. However, in Georgia, borrowers are not given the option to reinstate their loans before the sale. Have your loan documents checked by foreclosure lawyers to see if there are provisions that will allow you to cure the default and reinstate the loan.

When Do You Need a Foreclosure Attorney?

When a property owner faces foreclosure, one of the most practical things to do is speak with a foreclosure lawyer.

An experienced real estate litigation attorney knows the law and the proceedings involved in foreclosure. The laws about real estate are complex, and there are times when they are amended. Only those who regularly handle real estate law cases can give proper and timely advice on the proper course of action to take.

Here are some reasons why you should hire a foreclosure attorney:

  • You have a valid defense. Some of the defenses to the foreclosure may include the following:
    • Failure to comply with the proper procedures.
    • The foreclosing party has no legal standing to foreclose.
    • Wrongful foreclosure.
    • Mistakes made by the mortgage servicer.
    • The statute of limitations has expired.
    • Payments have been made on a loan modification.
  • You want to keep your home or property.
  • You want to learn if you can still recover your property after foreclosure.
  • You want to know if you can initiate your own lawsuit.
  • You’re looking at the possibility of filing a bankruptcy.
  • You are in the military and want to know your rights under the Servicemembers Civil Relief Act. This Act aims to reduce the financial struggles of those in military service.
  • The servicer is foreclosing while there is a pending foreclosure alternative.
  • You need help with mortgage modification or seeking help with foreclosure alternatives.

A foreclosure lawyer has the experience to guide you on what you need to do to stop or delay the foreclosure. A mortgage attorney could also help negotiate and talk with your lender. During the negotiation, your trusted lawyer can quickly identify if a law or procedure has been violated.

Schedule an Initial Consultation With Perigon Legal

If you’re on the verge of losing your property because the mortgage company is filing for foreclosure, speak with Perigon Legal Services foreclosure attorneys immediately.

Many homeowners in Georgia are on the verge of losing their dream homes because they are unaware of the law. Do not let the bank or mortgage company take your home away. A real estate litigation attorney can help craft a valid defense or formulate a strategy for you to recover your property.

At Perigon Legal Services, we take pride in having extensive knowledge of state laws about foreclosure proceedings. Each case is different, so we encourage you to personally speak to our lawyers so that we can tell you what you need to do based on the unique circumstances of your case.

Call now and schedule your initial consultation with us.

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Atlanta, Georgia 30339