Georgia is a non-judicial foreclosure state using power of sale in the security deed. You do not receive a Summons. To stop the foreclosure, you must file a civil lawsuit in Georgia Superior Court before the first Tuesday auction.
Georgia uses non-judicial foreclosure under the power of sale clause in the security deed (O.C.G.A. § 44-14-160 et seq.). The lender sends a 30-day notice letter, then advertises the sale in the legal newspaper for 4 consecutive weeks. Sales occur on the first Tuesday of each month on the courthouse steps.
First Tuesday Auction
Georgia foreclosure sales are held on the first Tuesday of every month between 10AM and 4PM. This means your deadline is the Monday before the first Tuesday. File your lawsuit BEFORE this date.
Confirm the 30-Day Notice
The lender must send you a 30-day notice of intent to foreclose (O.C.G.A. § 44-14-162.2). If this notice was not properly sent, you have a strong basis for a lawsuit.
File Your Complaint in Superior Court
File a civil complaint in the Superior Court of the county where the property is located. Common claims: wrongful foreclosure, lack of standing, violation of O.C.G.A. notice requirements, TILA/RESPA violations, and fraud.
Seek a TRO If Sale Is Imminent
If the first Tuesday is approaching, file a motion for Temporary Restraining Order (TRO) alongside your Complaint. You must post a bond. The TRO hearing is typically scheduled quickly.
| Foreclosure Type | Non-Judicial (security deed, O.C.G.A. § 44-14-160) |
| Notice Required | 30-day notice + 4 weeks publication |
| Sale Day | First Tuesday of each month |
| Court for Lawsuit | GA Superior Court (county of property) |
| Filing Fee | $200-$400 (varies by county) |
Georgia sales happen monthly. If the first Tuesday is close, act immediately.
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