If you own a home in Chatham County and you are falling behind on your mortgage, acting early gives you the most options. This guide explains how a Georgia foreclosure sale works and what you can do before the sale date. This guide is general information, not legal advice. For advice about your situation, talk with a licensed Georgia attorney.
The short answer: in Georgia, a lender can foreclose by selling the property at a public sale at the courthouse. Before the sale, the lender must send you notice, and until the sale happens you generally still have choices: work something out with your lender, get help from a housing counselor, or sell the property yourself.
How the Sale and Notice Work
Georgia law ties the sale to the way sheriff's sales are run. Under O.C.G.A. § 44-14-162, a sale under power is held at the time and place and in the usual manner of the sheriff's sales in the county. Sheriff's sales, under O.C.G.A. § 9-13-161, are held at the courthouse on the first Tuesday of the month between 10:00 a.m. and 4:00 p.m. (moving to the following Wednesday if the first Tuesday is a holiday). In Chatham County, the courthouse is in Savannah.
Before the sale, the lender must send you notice. Under O.C.G.A. § 44-14-162.2, notice of the proposed foreclosure must be sent to the debtor by registered or certified mail or statutory overnight delivery, return receipt requested, no later than 30 days before the date of the proposed foreclosure. If you receive that notice, treat the date in it as a deadline.
Can You Owe Money After the Sale?
Possibly. Under O.C.G.A. § 44-14-161, a lender that wants to pursue a deficiency judgment must report the sale to the superior court within 30 days after the sale for confirmation and approval, and no deficiency action may be taken unless that is done. Ask an attorney how this could apply to your loan.
Your Options Before the Sale Date
Talk to your lender
Call your servicer, ask for the loss mitigation department, and explain your situation. Depending on your loan, options may include a loan modification, a repayment plan, a forbearance, or reinstatement by paying what is past due. Get any agreement confirmed in writing.
Get free counseling
HUD funds housing counseling nationwide. You can call (800) 569-4287 to find a HUD-approved housing counseling agency near you. A counselor can help you understand your options and work with your lender.
Talk to an attorney
A licensed Georgia attorney can review your notice, your loan and your options, including how any deadline applies to you.
Sell the property
If a workout is not possible, selling before the sale date can pay off the mortgage from the proceeds and may leave you with money if you have equity. If you owe more than the home is worth, a sale usually needs your lender's cooperation, and an attorney or counselor can help you understand that route.
How a Cash Sale Works When Time Is Short
VP Buys Homes buys houses in Savannah and across Chatham County. We close with a local closing attorney, who requests the payoff from your lender and handles the paperwork. A typical timeline from accepted offer to closing is 7 to 21 days. You do not need to make repairs or clean out the property.
If a sale date is coming up, tell us the date when you reach out. Learn how it works on our how it works page, go to our sell page to request a cash offer, or call (912) 515-6060.
Frequently Asked Questions
Can I stop a Chatham County foreclosure once a sale date is set?
Until the sale takes place, there are generally still options, such as bringing the loan current, agreeing a workout with your lender, or selling the property before the sale date. Speak with your lender, a HUD-approved housing counselor, and a licensed Georgia attorney about which fits your situation.
How much notice does the lender have to give me?
Under O.C.G.A. § 44-14-162.2, notice of the proposed foreclosure must be sent to the debtor by registered or certified mail or statutory overnight delivery, return receipt requested, no later than 30 days before the date of the proposed foreclosure.
Can I still owe money after a foreclosure sale?
Possibly. Under O.C.G.A. § 44-14-161, a lender that wants to pursue a deficiency judgment must report the sale to the superior court within 30 days after the sale for confirmation and approval, and no deficiency action may be taken unless that is done. Ask an attorney how this applies to your loan.
Where can I get free help?
HUD-funded housing counseling is available nationwide. You can call (800) 569-4287 to find a HUD-approved housing counseling agency near you.