We buy houses in Alpharetta Georgia, and provide residents with the ideal way to sell their homes fast by offering cash for houses in Alpharetta GA. Understanding the foreclosure process in Alpharetta GA is an important part of navigating your own home foreclosure. As homebuyers in Alpharetta GA (We buy houses in Fulton County), we also know that many people going through the foreclosure process want to get out from under that burdensome property and wonder if they can sell their property in foreclosure.
Before we dive in…
What Is Foreclosure Anyway in Alpharetta GA?
Foreclosure is the legal process that lenders use to take back property securing a loan, generally after the borrower stops making payments.
Foreclosure is no fun. But, just know that it’s not the end of the world.
When you know how foreclosure in Alpharetta GA works, it arms you with the knowledge to make sure you navigate it well and come out the other end as well as possible.
The Basic Stages of a Foreclosure in Alpharetta, Georgia
There are a few stages that are important to any foreclosure process. Foreclosure works differently in different states around the country. The two ways different states use to foreclose upon a property are judicial sale or power of sale.
Connect with us by calling (678) 710-6130 or through our contact page to have us walk you through the specific foreclosure process here in Alpharetta GA.
In either scenario, foreclosure typically doesn’t go to court until 3-6 months of missed payments have elapsed. Usually (but not always), a lender will send out many notices that you are in arrears – overdue or behind in your payment.
Under Judicial Foreclosure:
- Your mortgage lender must file suit in the court system.
- You’ll get a letter from the court demanding payment.
- Assuming the loan is valid, you’ll have 30 days to bring payment to court to avoid foreclosure (and sometimes, that can be extended).
- If you don’t pay during the payment period, a judgment will be entered and the lender can request the sale of your property – usually through an auction.
- Once the property is sold, the sheriff serves an eviction notice and forces you to immediately vacate the property.
Under Power of Sale (or Non-Judicial Foreclosure):
- The mortgage lender serves you with papers demanding payment, and the courts are not required – although the process may be subject to judicial review.
- After the established waiting period has elapsed, a deed of trust is drawn up and control of your property is transferred to a trustee.
- The trustee can then sell your property to the lender at a public auction (notice must be given).
Anyone who has an interest in the property must be notified during either type of foreclosure.
For example, any contractors or banks with liens against a foreclosed property are entitled to collect from the proceedings of an auction.
What Happens After a Foreclosure Auction?
After a foreclosure is complete, the loan amount is paid off with the sale proceeds. Sometimes, if the sale of the property at auction isn’t enough to pay off the loan, a deficiency judgment can be issued against the borrower.
A deficiency judgment is where the bank gets a judgment against you, the borrower, for the remaining funds owed to the bank on the loan amount after the foreclosure sale.
Some states limit the amount owed in a deficiency judgment to the fair value of the property at the time of sale, while other states will allow the full loan amount to be assessed against the borrower.
Here’s a great resource that lists the state-by-state deficiency judgment laws, since every state is different.
Generally, it’s best to avoid a foreclosure auction. Instead, call up the bank or work with a reputable real estate firm like us at [company] to help you negotiate discounts off the amount owed to avoid having to carry out a foreclosure.
Sell My House in Alpharetta GA
Experienced investors or Alpharetta GA home buyers can help you by negotiating directly with banks to lower the amount you owe in a sale – or even eliminate it, even if your property is worth less than you owe.
Give us a call anytime (678) 710-6130 or
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Another Foreclosure Resource for Alpharetta GA Homeowners:
Greg Kurzner, is CEO of Resideum, Atlanta’s Professional Homebuyer company. We buy houses throughout Atlanta. Greg has been a force in Atlanta real estate for over 30 years. He has been involved in the sale of over 1 Billion in real estate transactions in his career and consistently ranks #1 in sales by units by Atlanta Realtor Association. In addition to Greg being a licensed real estate broker, he is also a licensed general contractor and a nationally-recognized expert in investment real estate.