I am behind, but I do not have a sale date.
This may be the best time to review mortgage assistance, repayment options, bankruptcy, and other ways to address the arrears before the situation becomes more urgent.
See ways to stop foreclosure →Georgia's foreclosure process can move quickly. If you are behind on your mortgage, have received a foreclosure notice, or already have a sale date, learn what happens next and what options may still be available.
The closer you are to a scheduled foreclosure sale, the fewer practical options you may have time to pursue.
You do not need to know every legal term before asking for help. Start with what is happening right now.
This may be the best time to review mortgage assistance, repayment options, bankruptcy, and other ways to address the arrears before the situation becomes more urgent.
See ways to stop foreclosure →Do not ignore the notice. Confirm the sale information, gather your mortgage documents, and understand the deadlines and options that may apply to your situation.
Understand the notice →Time matters. Bankruptcy can stop many foreclosure actions through the automatic stay, but the effect of the stay can depend on your individual circumstances and prior cases.
What can I do? →Georgia commonly uses a nonjudicial foreclosure process. That means a lender may be able to foreclose under the power of sale in a security deed without first filing a traditional lawsuit.
Missed mortgage payments may lead to late fees, default notices, collection activity, and discussions about loss-mitigation options.
The lender or servicer may send required notices and identify information related to a proposed foreclosure sale. The documents and dates matter, so keep everything you receive.
Georgia foreclosure sales are generally conducted under the power of sale after statutory notice and advertising requirements are satisfied.
If the default is not resolved and no legal action stops the process, the property may be sold at the scheduled foreclosure sale.
A foreclosure sale can create additional issues involving possession, remaining debt, other liens, moving deadlines, and possible deficiency claims.
Filing a bankruptcy case generally creates an automatic stay that stops most collection activity, including many foreclosure actions. The stay can create time to address the situation, but it is not a permanent solution by itself and special rules can apply if you have had prior bankruptcy cases.
Whether Chapter 7 or Chapter 13 makes sense depends on your income, property, mortgage arrears, other debts, prior cases, and what you are trying to accomplish.
Related guides: Chapter 7 & foreclosure · How late can Chapter 13 be filed?
For some homeowners who want to keep their home, Chapter 13 can provide a structured way to address past-due mortgage payments over time while maintaining ongoing obligations.
Start with the question that best fits your situation. Each guide focuses on one issue and connects you to the next information that may be useful.
Notices, timing, and what to look for in the paperwork.
Options when the foreclosure date is already on the calendar.
How the automatic stay and Chapter 13 repayment may work.
What Chapter 7 may and may not accomplish for a homeowner.
Possession, debt, deficiency issues, and next steps.
Why pending loss mitigation and foreclosure timing can overlap.
Equity, payoff amounts, timing, and sale considerations.
A simple checklist before speaking with our office.
What Georgia's nonjudicial foreclosure process means.
Compare reinstatement, loss mitigation, selling, and bankruptcy options.
Why the sale date matters and why waiting until the last minute is risky.
Clear answers to the questions homeowners often ask first.
Tell us what is happening, whether a foreclosure sale has been scheduled, and what you are hoping to accomplish. Our office can review the situation and help determine what the next step should be.
Morgan & Morgan Attorneys at Law serves clients in Georgia. Submitting a request does not create an attorney-client relationship.