Foreclosure and tax sales in Georgia
What our research shows about Georgia's rules. General information with sources — not legal advice, and not a reading of your papers.
How foreclosure works
- Usual process
- Nonjudicial (out of court)
Under a security deed with power of sale.
- Allowed processes
- Judicial (through court) · Nonjudicial (out of court)From a reputable summary[1]
- Main statutes
- O.C.G.A. § 44-14-162; O.C.G.A. § 44-14-162.2; O.C.G.A. § 9-13-140; O.C.G.A. § 9-13-161; O.C.G.A. § 44-14-161; O.C.G.A. § 13-1-11From a reputable summary[1]
- Typical length (estimate)
- Not researched yet for this state.
The usual timeline
- +At least 120 days
Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind
Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.
Checked against the official text12 CFR § 1024.41(f)(1) Notice of default or breach letter
No state-law cure notice; many security deeds require a breach letter. The lender’s attorney often sends a 10-day notice to pay principal and interest without attorney’s fees.
From a reputable summaryNotice of sale — at least 30 days before the sale
At least 30 days before the sale the lender must send notice of the foreclosure (registered/certified mail or overnight delivery) naming who can negotiate and modify the loan, with a copy of the advertisement.
From a reputable summary- +At least 30 days
Foreclosure sale
At the county courthouse on the first Tuesday of the month, between 10:00 a.m. and 4:00 p.m. (Wednesday if that Tuesday is New Year’s Day or July 4).
From a reputable summary No right to redeem after the sale
No redemption after a nonjudicial sale.
From a reputable summary
A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.
Notices and the sale
- Notice before foreclosure
- No state-law cure notice; many security deeds require a breach letter. The lender’s attorney often sends a 10-day notice to pay principal and interest without attorney’s fees.
O.C.G.A. § 13-1-11
From a reputable summary[1] - Notice of sale
- At least 30 daysAt least 30 days before the sale the lender must send notice of the foreclosure (registered/certified mail or overnight delivery) naming who can negotiate and modify the loan, with a copy of the advertisement.
O.C.G.A. § 44-14-162.2
From a reputable summary[1] - Publication
- County legal newspaper once a week for four weeks before the sale.From a reputable summary[1]
- When sales happen
- At the county courthouse on the first Tuesday of the month, between 10:00 a.m. and 4:00 p.m. (Wednesday if that Tuesday is New Year’s Day or July 4).
O.C.G.A. § 9-13-161
From a reputable summary[1]
Your rights before and after the sale
- Catching up (reinstatement)
- No general statutory right (high-cost loans excepted); the Fannie/Freddie security deed allows reinstatement after acceleration.
- Buying the home back (redemption)
- NoNo redemption after a nonjudicial sale.From a reputable summary[2]
- Owing money after the sale (deficiency)
- LimitedOnly if the lender reports the sale to superior court within 30 days and the court confirms that the price was at least fair market value and the sale was proper.
O.C.G.A. § 44-14-161
- Mediation
- Not researched yet for this state.
Property tax sales
- Tax sale system
- Redeemable tax deedFrom a reputable summary[3]
- How it works
- Most tax sales are nonjudicial sheriff’s sales: after a 30-day demand letter and further notices, the property is advertised for four weeks and sold; the buyer gets a tax deed subject to your right to redeem. Judicial tax sales are mostly for abandoned/blighted property.From a reputable summary[3]
- Redeeming after a tax sale
- At least 12 months from the sale, and until the date in the buyer’s notice foreclosing the right to redeem (served after the 12 months). Cost: the price plus a 20% premium for the first year (10% per later year). Title ripens automatically 4 years after the deed is recorded.
O.C.G.A. §§ 48-4-40, 48-4-42, 48-4-46, 48-4-48
From a reputable summary[3] - Relief programs
- Homestead exemption (state and county) — File with the county tax commissioner/assessor; counties may offer larger exemptions.
From a reputable summary[3]- Payment plans
- Some counties offer payment plans.From a reputable summary[3]
- Surplus after a tax sale
- Not researched yet for this state.
Bankruptcy exemptions
- Federal exemption list
- State list only (opted out)
This state has opted out: in bankruptcy you use the state exemption list (plus federal non-bankruptcy exemptions), not the federal § 522(d) list.
From a reputable summary[4] - Homestead exemption
- $21,500 (in bankruptcy: $50,000; $100,000 married sole-title case)$21,500 against ordinary judgment creditors; in bankruptcy $50,000 ($100,000 where a married debtor holds sole title to the couple’s home).(O.C.G.A. §§ 44-13-1, 44-13-100(a))From a reputable summary[5]
Where to get free help
- Free legal aid (LSC-funded)
- Checked against the official text[7]
- Legal help website
The official site blocked our automated check on 2026-09-22; confirm the page before relying on it.
Not confirmed — check it[8]- State housing agency
The official site blocked our automated check on 2026-09-22; confirm the page before relying on it.
Not confirmed — check it[6]- Attorney general / consumer protection
- Checked against the official text[9]
- Court self-help
- Checked against the official text[10]
- HUD-approved housing counselors
- HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.
Sources
Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.
- [1]Nolo — Georgia Foreclosure Laws and Proceduressummary
- [2]Nolo — State Foreclosure Laws: 50-state chart (process, deficiency, redemption, reinstatement)summary
- [3]Nolo — Georgia property tax salessummary
- [4]Nolo — Federal Bankruptcy Exemptions — which states allow the federal list11 U.S.C. § 522(b)(2)summary
- [5]Asset Protection Planners — Homestead Exemptions by U.S. State and Territory (2026 chart with statute cites)summary
- [6]Georgia Department of Community Affairs — Housing Financeofficial
- [7]Legal Services Corporation — Our Grantees (official list of LSC-funded programs by state)official
- [8]GeorgiaLegalAid.orgofficial
- [9]Georgia Attorney General's Consumer Protection Division (official site, checked live)official
- [10]Georgia Courts – Home (official site, checked live)official