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Avoid Georgia Foreclosure - Check Your County Organ

By
Real Estate Agent with Solid Source Realty GA 320764

 

Georgia Power of Sale Foreclosure Guidelines

 

Every Georgian home buyer should understand the import of the power of sale clause if purchasing with a mortgage. This is the clause that allows your lender to foreclose on the property without any judicial proceeding.

 avoid foreclosure

If the deed of trust or mortgage contains a power of sale clause which specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:

•1.  First, a foreclosure notice must be mailed by certified mail, return receipt requested to the borrower no later than 15 days prior to the date of the foreclosure sale. The time period begins the day the letter is postmarked. The notice must be mailed to the address given to the lender by written notice from the borrower. No waiver or release of the rights to notice is valid if it was signed at the same time as the original documents.

 

•2.  Next, the notice must be published in a newspaper of general circulation in the county where the sale will be held. The notice must be published once a week for four (4) weeks preceding the date of the foreclosure sale. These papers are commonly known in the trade as the "county organ". The publications are made the legal organ by 3 county officials: Judge of Probate Court, Sheriff, and Clerk of Superior Court.

 

Here is a partial list of those county organs serving the metro Atlanta real estate market:

 

Butts County - Jackson Progress Argus

Cherokee County - Cherokee Tribune

Clayton County - News Daily

Cobb County - Marietta Daily Journal

Coweta County - The Times-Herald

Dekalb County - The Champion

Douglas County - Douglas County Herald

Fayette County - The Fayette Daily News

Forsyth County - The Forsyth County News

Fulton County - Fulton County Daily Report

Gwinnett County - Gwinnett Daily Post

Hall County - The Times

Henry County - Daily Herald

Paulding County - The Dallas New Era

Spalding County - The Griffin Daily News

Walton County - The Walton Tribune

•3.  Finally, the sale must be made by public auction on the first Tuesday of the month between 10:00 am and 4:00 p.m. at the courthouse.

Knowledge is power, so arm yourself with the facts, and do all that you can to protect your investment and your credit by avoiding Georgia foreclosure.