Eviction after GA foreclosure

[mikefran]

Our home is scheduled to be foreclosed on April 3rd in Georgia.We have already filed bankruptcy and they have a relief of stay. I don't see how it will be delayed any further especially given the info I've read about OneWest Bank. I have been trying to determine if we will be evicted immediately. Does anyone know if it will be immediate or if we will be given notice?

[Cat Damiano]

Hi mikefran,


Welcome to the forum and thank you for joining........

Since GA doesn't have a redemption period, a valid foreclosure wipes out the borrower’s right to live in the house. The new owner of the property may file a dispossessory action to evict the borrower from the home. Some lenders have a “cash for keys” program, in which they will pay homeowners a small amount to voluntarily leave the property, this would be a good option to hold out for.


Georgia Attorney General Sam Olens - Mortgage and Foreclosure Information

[mikefran]

Thanks for your swift response. There are so many homes in my area up for foreclosure that I doubt seriously it will be purchased by anyone other than the bank. If/when this "dispossessory action" is filed, will the will I be notified, or will I just be served to vacate immediately? Thanks in advance for any additional information you may be able to provide.

[Cat Damiano]

If it reverts back to the lender, then a representative of the lender such as a real estate agent should get in touch with you to give you the timeframe you would need to vacate in. This is where the cash for keys may come into play.

[mikefran]

This is very helpful. Thanks so much Cat!

[Cat Damiano]

No problem, please keep us posted on how it goes.

[SHULING]

I am in GA as well and I spoke to the evictions department because I am facing foreclosure on June 5th. I was told they will send you a letter within 30-60 days and you will also recieve a notice from the sheriff where you have 7 days to answer. She plainly stated she could not give me legal advice but kept repeating I have 7 days to answer. Once you answer the dispossessory notice you will be set a trial date within 10 days where you can speak with the lawyer and ask for more time. They will more than likely give you the time because they don't want you to damage the property also you can ask the attorney about "cash for keys" as well. I had to do a lot of calling and internet research.

[Phaedra]

If I may offer you one bit of advice. When you get the notice and are ready to respond, please don't go down to the clerk's office on the 1st day of the 7 days. go on the 7th day right before the clerk's office closes for the day. This may buy you a few more days occupancy, especially if the 7th day is on a Friday. You have to present a valid legal argument as to why you should stay in the home. Georgia seems to act on evictions very quickly. I've known people to lose an eviction hearing and go straight home from the courthouse to find a their belongings being set on the curb or loaded into a truck by the people hired to evict them.