Georgia
O.C.G.A. § 44-14-162. Non-Judicial foreclosure state.
Judicial Type
Non-Judicial
Redemption
No statutory right of redemption after foreclosure sale. The
Deficiency
Lender must seek confirmation of the sale from superior cour
Mediation
No statewide foreclosure mediation program. Some counties ha
Statute Citation
O.C.G.A. §§ 44-14-160 to 44-14-162.4
Redemption Period
No statutory right of redemption after foreclosure sale. The sale is final once the deed under power is recorded (typically same day). Georgia has the FASTEST foreclosure timeline in the nation.
Deficiency Judgment Rule
Lender must seek confirmation of the sale from superior court within 30 days before pursuing deficiency (O.C.G.A. § 44-14-161). Court must find that the property sold for at least its TRUE MARKET VALUE. If the court denies confirmation (sale price was inadequate), the lender CANNOT pursue a deficiency — and the sale stands, meaning the borrower loses the home but faces no deficiency.
Notice Requirements
Notice of sale published in newspaper for 4 consecutive weeks before sale. Notice mailed to borrower at least 30 days before sale. The notice must include the name and contact information of the party with authority to negotiate modification.
Mediation Program
No statewide foreclosure mediation program. Some counties have voluntary programs.
Key Provisions
- Fastest foreclosure state in the US — process can be completed in as little as 30-45 days
- Non-judicial: power of sale clause allows trustee to sell without court involvement
- Confirmation hearing required for deficiency — court must find sale price 'true market value'
- If confirmation denied: no deficiency (but also no reversal of sale)
- Borrower must receive 30 days' advance notice of sale by mail
Homeowner Protections
- Confirmation hearing provides a powerful back-end check on deficiency
- If the sale price is inadequate, the lender cannot pursue a deficiency — a significant deterrent
- 30-day mailing notice provides some advance warning
- Georgia Supreme Court has upheld strict compliance with notice requirements
- Borrower may challenge the sale prior to the sale date by filing a TRO in superior court
Frequently Asked Questions
How fast can the bank foreclose in Georgia?+
Can the lender get a deficiency after a Georgia foreclosure?+
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