If you and the former owner cannot reach an agreement, you can serve the former owner with a Summons and Complaint for Unlawful Detainer. Your complaint can ask the court for an order evicting the former owner and giving you possession of the property.
The tenant can stay for at least 90 days or for the rest of the lease, whichever is greater. But, if the new owner plans to live in the property, then the tenant only has the right to remain in the property for 90 days. The law applies to all foreclosures on all residential properties.
How Long Does Foreclosure Take? In Georgia, the foreclosure process can vary depending on your circumstances. However, on average, it takes about one to three weeks to complete. If your property was sold at a foreclosure auction, the eviction process takes about 14 to 30 days.
Generally speaking, homeowners are considered to be legal tenants until a formal eviction occurs. Examples of common events that can happen after the foreclosure has been filed include: The homeowner pays off their mortgage debt or overdue payments and reclaims their house through redemption.
In general, excess funds go toward lienholders, costs associated with the sale, interest and principal of the secured indebtedness, and then to borrowers.
In Georgia, surplus funds are typically held by the servicer/lender and or foreclosure law firm. You will need to gather documentation regarding your foreclosure, including verification of ownership, and picture identification.
You'll need to act quickly to claim surplus funds after the foreclosure sale. A limited amount of time will be available for you to get the funds. The exact amount of time you'll get depends on state procedures. You can apply to either the foreclosure trustee or the court to get the foreclosure excess proceeds.
To claim surplus funds in Georgia, interested parties must file a petition with the Superior Court in the county where the foreclosure sale occurred. The petition should state the legal basis for the claim and provide supporting documentation.
At least 30 days after the sale - It typically takes at least 30 days for the tax sale to be finalized. The exact timeline can vary depending on the state you live in. Within 2 weeks of the sale - You should receive a Notice of Surplus Funds from the county treasurer or tax collector within a few weeks of the sale.