Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.
Georgia Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust
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How to fill out Complaint Or Petition By Purchaser Against Possessor Of Real Property After A Foreclosure Sale Pursuant To A Deed Of Trust?
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FAQ
Right of redemption is a legal process that allows a delinquent mortgage borrower to reclaim their home or other property subject to foreclosure if they are able to repay their obligations in time.
While many homeowners choose to simply move out after their houses are sold in foreclosure, if you don't move out on your own, the new owner must make a demand for possession of the property and begin eviction proceedings. In Georgia, the eviction process usually takes between 14 to 30 days.
However, Georgia law doesn't give borrowers a statutory right of redemption after a nonjudicial foreclosure. Once your Georgia home has been foreclosed, you can't redeem it.
In case of a judicial foreclosure, the sale is usually a public auction, and the highest bidder becomes the new owner of the foreclosed property. The judicial process can take up to one year or even longer, depending on the court's caseload.
By law, foreclosure sales take place on the first Tuesday of the month between the hours of a.m. and p.m. Bidding is open to the public, but the mortgage holder often is the only bidder. The mortgage holder will sign a deed of foreclosure to the winning bidder, which may well be itself.
- To admit a deed to record, it must be a perfect deed. It must be attested by two witnesses. It must be attested or acknowledged, if executed in this state, as provided in former Civil Code 1910, § 4202 (see O.C.G.A. § 44-2-15), or it must be probated as provided in former Civil Code 1910, § 4205 (see O.C.G.A.
A judicial foreclosure begins when the lender files a lawsuit asking a court for an order allowing a foreclosure sale. If you don't respond with a written answer, the lender will automatically win the case.
If your property was sold at a foreclosure auction, the eviction process takes about 14 to 30 days. When the paperwork is approved, the new owner has a right to serve you a 3-day ?Notice to Quit?. When this ends, the sheriff will appear to assign an eviction date.
