When the power of sale clause is present in the loan, a lender will utilize the non-judicial foreclosure procedure. The procedures set out in the power of sale clause must be followed by the lender, however if the power of sale clause lacks the pertinent information such as time, place and terms of sale then the lender must oblige by the Georgia state foreclosure procedures. Notice of default must be recorded in the district courts where the property is located within 30 days of the default and no less then 3 months before the date of the sale. After recording intent, the lender must notify the borrower/occupant and any party that has a lien on the property within 15 days by court server or certified mail. The borrower can stop foreclosure process by curing the default plus cost occurred. However, in the state of Georgia, if the borrower has been in default more then once, the lender can refuse payment and continue legally with the foreclosure procedure.

If you live in Georgia and are facing foreclosure, 1st Foreclosure Prevention can help you work with you lender to stop the foreclosure process and help you to save your home.