Tell us some of step you take to secure your cleints assets? Do you out source it to a contractor? Do you send someone on staff? Do simple hope for the best ;) What do you do that's been effective for your clients.
As in most states, the basis for evicting a tenant in Georgia include:
Non-payment of rent,
Failure to surrender the premises at the end of the lease term, or
Breach of the lease, including any rules that are part of the lease, if the lease provides such breach entitles the landlord to terminate the lease.
The Georgia Eviction Process
Before contacting the court to initiate eviction proceedings, the landlord should read the lease and be familiar with its provisions and comply with its terms regarding notice and termination. Once the terms of the lease have been followed, Georgia law requires a landlord to go through court to remove a tenant.
First, before going to court, the landlord must demand that the tenant immediately give up possession and vacate.
demand is best made in writing. If the tenant refuses or fails to give up possession, the landlord or the landlord's agent or attorney must go to the magistrate court and file a dispossessory affidavit under oath. The affidavit states:
The name of the landlord,
The name of the tenant,
The grounds for the eviction,
Verifies that the landlord has demanded possession of the property and has been refused
The amount of rent or other money owed, if any.
The magistrate court will issue a summons to the sheriff where the property is located. There are three ways in which the summons can be served:
Delivered personally to the tenant at home;
If the tenant is not home, it will be delivered to an adult who resides at the home and understands the importance of the summons; or
The summons will be tacked on the door of the home and on the same day sent by first class mail to the tenant's address. This type of service is appropriate only if no one is at home when the sheriff attempts personal service.
The summons requires the tenant to answer either orally or in writing within seven (7) days from the date that the summons is served. If the seventh day is a Saturday, Sunday, or a legal holiday, the answer is required the next day that is not a Saturday, Sunday, or a legal holiday. The summons should indicate the last day to file an answer and the court in which the answer should be filed.
If the tenant fails to respond at the end of the seventh day, as listed on the summons, the lawsuit is in default. The court can then grant the landlord a writ of possession and the sheriff can remove the tenant immediately.
If the tenant answers the summons, a trial of the issues will be held in accordance with the procedures of the appropriate court. The tenant is allowed to remain in possession of the premises. The landlord may request that the court order the tenant to pay rent into the registry of the court. If payment is ordered, non-payment of rent into the registry could result in the court issuing a writ of possession and the tenant becoming subject to eviction.
Once an answer has been filed, and a hearing has been held, the court will issue its decision. If the court rules for the landlord, the tenant will be ordered to move after ten days and may be ordered to pay the past due rent. After July 1, 1998, a tenant has only seven (7) days to move.
If the dispossessory warrant was served by tack and mail, and the tenant did not file an answer, the court may not award rent or other damages to the landlord. The court can still order the tenant to move.
Georgia law requires a foreclosing lender to go through a judicial proceeding to remove a tenant unless the property is abandoned. To be considered abandoned, there must be no persons or personal affects on the property. Thus, even if the property is uninhabited, the presence of a few personal articles or possessions left behind, is enough to necessitate an eviction proceeding in Georgia.
Virtually all Deeds to Secure Debt or Security Deeds in Georgia contain a provision that makes a borrower (mortgagor) remaining in the property after a foreclosure sale a "tenant at sufferance". As such, the lender may make immediate demand for possession of the property. This demand is best made in writing, by certified or registered mail. Shortly thereafter, an Affidavit of Summons of Dispossessory is filed, usually with the magistrate court in the county in which the property is located. The affidavit states the names of the parties, the grounds for the eviction, verifies that possession of the property and has been demanded, etc. The magistrate court will issue a summons to the sheriff where the property is located. The summons can be served by personal delivery to the tenant, to another adult residing at the residence, or, if no one is home when the sheriff attempts service, by tacking it to the door and sending a copy by first class mail to the property address. Note that by employing "tack and mail" service you can remove the tenant from possession but you may jeopardize your right to get a money judgment against the tenant.
The summons requires the tenant to answer, either orally or in writing, within seven (7) days from the date that the summons is served. The last date for which an answer may be filed is customarily listed on the summons. If the tenant fails to answer, a writ of possession is issued instanter and delivered to the Sheriff within a matter of a few days. Upon receipt of the writ of possession, the sheriff will schedule a date and time for remove the tenant and his/her possessions from the property. Removal times vary by county and can range from a week to a few months. Although the Sheriff will be present to keep the peace at that time of removal, the lender must provide the labor for removal of the tenant's possessions. The tenant's possessions are typically taken to the curb in the front of the property and must remain there for 48 hours. Beyond this time, the possessions may be disposed of by the lender as it deems necessary.
If the tenant answers the summons, a trial of the issues will ensue within about two (2) weeks in most jurisdictions. The tenant can remain in possession of the premises while the matter is being litigated. The tenant may not raise issues regarding the validity of the foreclosure sale at the hearing. Should the Court rule against the tenant, he/she have seven (7) days to move. A judgment in a dispossessory case must be appealed within seven (7) days from the date the judgment is entered by the court.
REO managers face growing concerns over soaring foreclosure rates well over 50% that of last year. Due to the abundance of projected foreclosures, REO managers need to focus on volume management. The rising foreclosure market will result in deflated home prices, increased hold times and lower funds recaptured to the institution. However, the increased volume gives the REO manager more purchasing power allowing them to mitigate costs, as well as, cap cost overruns.
REO Asset Solutions(RAS), out of Atlanta, Georgia, is targeting those REO Managers with growing inventories overwhelmed dealing with vendors, subcontractors, all of which drive servicing costs affecting the bottom line. RAS has successfully demonstrated how volume pricing on field services can cut costs by close to 50%!
Moreover, increased acquisition volume has allowed RAS to absorb losses, which gives the Lender or owner the ability to budget, as well as, put a ceiling on their field costs. RAS offers flat rate pricing on all field service items enabling discount pricing through volume enabling the Lender to focus on marketing the property and leaving the dirty work to RAS. Liability issues are also deferred as RAS provides the comprehensive coverage.
Ultimately volume dictates the fee, but savings are guaranteed.
REO Asset Solutions provides a variety of mortgage field services for banks, lenders and real estate agents. Our emphasis is on minimizing your costs associated with properties that are in default, bank-owned or foreclosed. We do this by upholding strict standards for:
Reliability and Dependability
Fast Response
Dedication to Deadlines
Thorough and Meticulous Documentation and Photography
Complete and Timely Communication
Inspection Services
•· Residential and Commercial Property Inspections
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Renovation financing provides homeowners a cost-effective way to live in their dream home. And it gives homebuyers the opportunity to purchase properties in need of improvement. I do this with a permanent mortgage that allows you to purchase or refinance a home and then immediately begin the renovation - all with just one application and one closing.
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Disclaimer: ActiveRain Corp. does not necessarily endorse the real estate agents, loan officers and brokers listed on this site. These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a house. ActiveRain Corp. takes no responsibility for the content in these profiles, that are written by the members of this community.
Moreover, increased acquisition volume has allowed RAS to absorb losses, which gives the Lender or owner the ability to budget, as well as, put a ceiling on their field costs. RAS offers flat rate pricing on all field service items enabling discount pricing through volume enabling the Lender to focus on marketing the property and leaving the dirty work to RAS. Liability issues are also deferred as RAS provides the comprehensive coverage. 
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