The courts have inherent power to restrain the sale of mortgaged premises in foreclosure proceedings, but are reluctant to exercise such power except where it is shown that particular circumstances, extrinsic to the instrument, would render its enforcement in this manner inequitable and work irreparable injury, and that complainant has no adequate remedy at law. Furthermore, a party must show a probable right of recovery in order to obtain a temporary injunction of a foreclosure action.
Georgia Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust
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How to fill out Petition To Enjoin Foreclosure Sale And Seeking Ascertainment Of Amount Owed On Note And Deed Of Trust?
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FAQ
The Georgia confirmation proceeding is designed to protect a debtor from a deficiency judgment when the nonjudicial foreclosure sale brings less than the property's fair market value. It is a prerequisite to obtaining a deficiency judgment.
When Can a Georgia Foreclosure Start? Under federal law, the servicer usually can't start a foreclosure until the borrower is over 120 days delinquent on payments, subject to a few exceptions.
Georgia is a ?non-judicial foreclosure? state. That means the lender can foreclose on your home without filing suit or appearing in court before a judge.
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.
Georgia foreclosure confirmation (O.C.G.A. § 44-14-161) requires a creditor to prove in court that the foreclosure sale process was performed correctly and fairly, and that the property sold for its true market value at the foreclosure sale.
Did you know that the only legal and complete approach to stop a foreclosure in Georgia is through bankruptcy? Yes, that's right. Chapter 13 Bankruptcy will stop the bank from taking away your home and you will be then able to pay less on your home than you did before.
How Long Before Foreclosure Starts in Georgia? Technically, under the federal law, the foreclosure process will not begin until a homeowner is 120 days delinquent.
Did you know that the only legal and complete approach to stop a foreclosure in Georgia is through bankruptcy? Yes, that's right. Chapter 13 Bankruptcy will stop the bank from taking away your home and you will be then able to pay less on your home than you did before.