State Foreclosure Law

Georgia Foreclosure Laws

In Georgia, the notice to the borrower must be sent at least 30 days before the foreclosure sale. The lender holds legal title through a 'security deed' and can sell without court involvement.

Process
Non-Judicial
Out of court, under a power of sale §
Foreclosure Length
Varies
Depends on the case
Homestead Exemption
$21,500 per debtor for bankruptcy purposes
Must file to claim: claim required in bankruptcy · the rule §
Deficiency Judgment
Limited
Allowed (with limitations) §
30 source pages cited · Last checked Mar 10, 2026
Not legal advice. This page provides general information about Georgia foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Georgia-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Georgia foreclosure guide →

On this page

Governing Statutes

Citation Title Covers
O.C.G.A. § 44-14-162 et seq. Foreclosure of Deeds to Secure Debt Notice, advertisement and sale requirements for non-judicial foreclosure (O.C.G.A. §§ 44-14-162 through 44-14-162.4)
O.C.G.A. § 44-14-160 et seq. Deeds to Secure Debt — General Provisions Creation and operation of security deeds, reconveyance, assignment, right of redemption (before sale), equitable interests
O.C.G.A. § 44-14-161 Confirmation of Sale / Deficiency Requirement that lender confirm the sale by filing in Superior Court within 30 days to preserve right to deficiency judgment; court review of whether the sale brought true market value
O.C.G.A. § 44-14-162.2 Notice Requirements for Non-Judicial Foreclosure 30-day written notice to borrower before the foreclosure sale, required content of notice, duty to attempt contact
O.C.G.A. § 44-14-162.4 Residential Mortgage Foreclosure Reporting Notification requirements to Georgia Department of Banking and Finance prior to foreclosure
O.C.G.A. Title 7, Chapter 1, Article 13 Georgia Residential Mortgage Act (GRMA) Georgia's main law for the residential mortgage industry, including licensing of mortgage lenders, brokers and loan originators, administered by the Georgia Department of Banking and Finance
O.C.G.A. § 10-1-390 et seq. Fair Business Practices Act Prohibition of unfair or deceptive acts in commerce, including mortgage-related deceptive practices; private right of action

Georgia Foreclosure Process and Your Rights

Georgia uses non-judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

  • Paying to stop the foreclosure: At any time before the foreclosure sale occurs — the borrower retains an equitable right of redemption (right to cure) up to the moment of sale. §
  • After the sale: No post-sale redemption right.
  • Homestead exemption: $21,500 per debtor for bankruptcy purposes (Georgia state exemption under O.C.G.A. § 44-13-100(a)(1)) §
  • Mediation: Georgia does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Georgia foreclosure guide →

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Regulatory Oversight & Complaint Filing

Georgia homeowners who believe a mortgage servicer or lender has violated state or federal law may file complaints with the following regulatory agencies.

Financial Institutions Regulator
Georgia Department of Banking and Finance
File a complaint →
Attorney General — Consumer Protection
Georgia Attorney General
Consumer protection information →
Housing Finance Agency
Georgia Department of Community Affairs (DCA)

Special Foreclosure Types in Georgia

Beyond the standard non-judicial foreclosure process, Georgia law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
Georgia HOA and COA assessment liens are governed by the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.) and the Georgia Condominium Act (O.C.G.A. § 44-3-70 et seq.). §
Under the Property Owners' Association Act, the association can foreclose its lien through a court action, judgment, and court order, at least 30 days after sending the owner notice by certified mail or statutory overnight delivery, and only if the lien is at least $2,000.
Tax Lien Foreclosure
Georgia property tax sales differ from mortgage foreclosure. §
The county conducts a tax sale if taxes are delinquent.
Land Contract Protections
Georgia does not have a specific land installment contract protection statute equivalent to some other states.
Land contracts/contracts for deed are used but buyers have limited statutory protections.
Manufactured & Mobile Home Rules
Manufactured homes titled as personal property may be subject to UCC Article 9 repossession rather than real estate foreclosure.
Manufactured homes permanently affixed to land and properly titled as real property may be subject to security deed foreclosure under O.C.G.A. § 44-14-162 et seq.
Reverse Mortgage (HECM)
HECM reverse mortgage foreclosures proceed under O.C.G.A. § 44-14-162 as non-judicial security deed foreclosures. §
Federal HUD/FHA rules govern HECM foreclosure requirements.
Zombie Mortgage Protections
Georgia does not have specific zombie mortgage legislation as of 2026.
The Georgia statute of limitations for written contracts is 6 years (O.C.G.A. § 9-3-24).
PACE Lien Assessment
Georgia has authorized commercial PACE financing.
Residential PACE programs may be available through municipal or county programs.

Lien Priority in Georgia

Georgia is a race-notice state under O.C.G.A. § 44-2-1. The first to record without notice of a prior unrecorded interest prevails.

IRS Tax Lien
Federal tax liens subordinate to prior recorded security deeds.

The security deed as a title-conveyance instrument gives Georgia lenders particularly strong lien priority protection. However, property tax super-priority means delinquent property taxes must be paid from sale proceeds before the security deed holder.

Statute of Limitations in Georgia

Mortgage Foreclosure
7 years §
Under O.C.G.A. § 44-14-80, title conveyed by a security deed generally reverts to the borrower seven years after the maturity date of the debt it secures, or 20 years if the parties expressly agree to that in writing in the security deed. However, Georgia courts have applied other limitations in specific contexts — consult an attorney for current SOL analysis.
Written Contracts
6 years
Promissory Note
6 years §
An action to enforce a note must generally be brought within six years after its due date (O.C.G.A. § 11-3-118(a)). An action on an instrument under seal may be brought within 20 years (O.C.G.A. § 9-3-23).
Deficiency Judgment
Varies §
A deficiency judgment requires the lender to report the sale to the Superior Court judge for confirmation within 30 days of the foreclosure sale and obtain an order confirming it. This is not a traditional SOL — it is a precondition to any deficiency action. If the sale is not reported within 30 days and confirmed, no deficiency action may be taken.

Probate & Inheritance in Georgia

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Georgia law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies
State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.
Notification to Estate
The lender must notify the estate or personal representative before proceeding.
The 30-day pre-foreclosure notice must be sent to the last known address.
Heir Protections
Heirs who inherit and occupy the property as a primary residence may seek confirmation as successors in interest under 12 CFR 1024.31 and submit a loss-mitigation application.
Executor Reinstatement Rights
The executor or personal representative may reinstate the mortgage by curing the default.
Garn-St. Germain Act
Due-on-sale clause may not be enforced against heirs inheriting and occupying the property as primary residence under Garn-St Germain, 12 U.S.C. 1701j-3.
Uniform Partition of Heirs Property Act (UPHPA)
Not adopted in this state.

Consumer Protection & Compliance in Georgia

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Georgia.

UDAP Statute
Georgia Fair Business Practices Act §
Prohibits unfair or deceptive acts in consumer transactions including mortgage origination and foreclosure rescue fraud.
Foreclosure Rescue Fraud Laws
Georgia Fair Business Practices Act covers foreclosure rescue fraud.
The AG Consumer Protection Division actively investigates scam operators. Common schemes: advance-fee modification services and fraudulent 'save your home' programs.
Attorney Advertising Rules
Georgia Rules of Professional Conduct (Rule 7.3) govern attorney solicitation.
Lead Generation Restrictions
No Georgia-specific lead generation statute for foreclosure defense identified beyond RPC rules and general Fair Business Practices Act.
Barratry
Barratry statutes apply. Solicitation of foreclosure-related legal work is restricted.
Georgia RPC 7.3 prohibits real-time in-person or electronic solicitation of prospective clients in vulnerable circumstances for pecuniary gain.

Legal Aid & Pro Bono Resources in Georgia

  • ⚖
    Atlanta Legal Aid Society
    Area served: Atlanta metro area (Fulton, DeKalb, Cobb, Clayton, Gwinnett counties).
    atlantalegalaid.org →
  • ⚖
    Georgia Legal Services Program
    Area served: Rural Georgia statewide.
    glsp.org →
  • ⚖
    Georgia Legal Aid
    Area served: Statewide online legal help portal and referrals.
    georgialegalaid.org →
  • ⚖
    State Bar of Georgia Lawyer Referral Service
    Area served: Statewide.
    gabar.org/public/find-a-lawyer →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in Georgia. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
    Find a counselor in Georgia →
  • 📞
    Georgia Department of Banking and Finance
    Complaints about mortgage servicers, lenders, and unlicensed foreclosure consultants
    770-986-1633 →
  • 📞
    HUD Housing Counseling Hotline
    Free foreclosure prevention counseling — call immediately upon receiving default notice
    1-800-569-4287 →
  • 📞
    Georgia Attorney General Consumer Protection
    Mortgage fraud and foreclosure rescue scam complaints
    404-651-8600 →
  • 📋
    State Bar of Georgia Lawyer Referral Service
    State bar lawyer referral service.
    gabar.org/public/find-a-lawyer →
  • 🎓
    Atlanta Volunteer Lawyers Foundation
    Pro bono legal services for low-income Georgians including housing and foreclosure defense
    avlf.org →
  • 🎓
    Georgia Legal Services Program — Rural
    Pro bono and legal aid services in rural Georgia communities
    glsp.org →

Find Help in Georgia

We maintain a verified directory of free and low-cost help providers in Georgia. All are government-approved or federally funded.

40 HUD-approved housing counselors Free foreclosure prevention counseling 2 Legal aid offices Free legal representation for qualifying homeowners 44 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 53 Debtor education providers Required post-filing debtor education courses

Browse all 139 providers in Georgia →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Georgia.

Facing Foreclosure?
Overview of the process, available options, and free help resources
How to Stop Foreclosure
Immediate options — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
Options for borrowers who have missed or expect to miss a payment
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure

Georgia Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Georgia homeowners:

Foreclosure Filings
National trend
National foreclosure filings. Georgia mainly uses non-judicial foreclosure (trustee's sales outside court).
FHA mortgage delinquency
FHA delinquency rate
Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.
Foreclosure volume
Foreclosure starts & completions
Monthly foreclosure starts and completions from ATTOM Data Solutions.
Newly late mortgages
Current to 30 days late
Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).

See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026

Facing foreclosure in Georgia? Tell me what's going on.

Answer a few quick questions and I'll connect you with someone who can help where you live. It's free.

Step 1 of 4

Tell me about your situation

Select all that apply.

It's free. I don't sell your information, and no one pays me for your request. I share your details only with the one attorney, agent or provider I connect you with. Privacy · Prefer to call? (888) 602-4161

Ask a question about foreclosure law in Georgia

General information, not legal advice.

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Free help also exists in Georgia: the Georgia Department of Banking and Finance at 770-986-1633, or a HUD-approved housing counselor at no cost.