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GEORGIA FORECLOSURE & SEIZURE

Federal Law:

Protecting Tenants at Foreclosure Act


Mortgage Relief Bill was Signed by President Bush on July 30, 2008!

MERS® Servicer Identification System MERS (Mortgage Electronic Registration System) Check to see if house is in foreclosure (this will only tell you if MERS is involved, it is not all inclusive, but MERS handles the majority of foreclosures.


HomeFree-USA Atlanta Free Help with Foreclosures "... a HUD-approved, nonprofit homeownership counseling organization ..."

HOPE for Homeowner Facing Foreclosure Call 888-995-HOPE (888-995-4673) 24 hours a day, 7 days a week!


Suggested Reading/Reference Materials - Georgia Civil Process

Georgia Pleading, Practice, & Legal Forms Annotated, 2d, By Charles R. Adams, III (commonly known as "Brown’s Forms"). The Harrison Company, Norcross, GA . Now sold by Thomson*West.

GwinnettForeclosure.com Property Listings


Go to the following link to look up the listed code sections (LexisNexis(R)): http://w3.lexis-nexis.com/hottopics/gacode/

Georgia Civil Practice Act of 1966 as amended, O.C.G.A. 9-11-1 thru 9-11-132 (The act itself is defined in O.C.G.A. § 9-11-85)

Civil Process can be governed by Codes, Court Rules, Case Laws, etc.!

All these links refer to Georgia Law. Please "Click.":

Georgia Civil Process In General ►◄ Georgia Court Security and Courthouse Security ►◄ Georgia Dispossessory Proceedings & Evictions ►◄ Georgia Fi. Fas & Levying ►◄ Georgia Written Courthouse Security Plan Required ►◄ Georgia Foreclosure & Seizure


Go to the following link to look up the listed code sections (LexisNexis(R)): http://w3.lexis-nexis.com/hottopics/gacode/

Property Shark Look up a property in Georgia

Trulia Look up homes for sale & Get Property Values

Zillow Look up homes for sale & Get Property Values


Attorneys.com:

Consumer Bankruptcy Attorneys


LexisNexis:

Debt Recovery Solutions

Income Verification Services


Index to Key Terms That are Below in the Next Table

 

Books: Docket

Books Electronic Storage of

Breach of Peace

Books: Sales Record

 

Condominiums & Homeowners Associations

 

Deficiency Judgment (Foreclosure sale does not satisfy debt), Service by Sheriff

Docket Book

 

Election of Option

Electronic Storage of Records

"Eligible Sale" (Recision of Sale) (Reverse Sale) (Rescind Sale)

 

Foreclosure Basics for Consumers

Foreclosure on Liens on Personalty

Foreclosure on Personal Property (Personalty)

Foreclosures on Personalty Arising Out of Commercial Transactions

Foreclosure Under Power of Sale (Real Estate) (Sale Under Power)

 

Hinder Levy

Hinder Levy of Motor Vehicle

Homeowners Associations & Condominiums

Immediate Writ of Possession

 

Notice

 

Recording of Foreclosures and Deed Under Power

(Real Estate) (Sale Under Power), Foreclosure Under Power of Sale

(Recision of Sale) (Reverse Sale) (Rescind Sale), "Eligible Sale"

(Rescind Sale), "Eligible Sale" (Recision of Sale) (Reverse Sale)

(Reverse Sale) (Rescind Sale), "Eligible Sale" (Recision of Sale)

 

(Sale Under Power), Foreclosure Under Power of Sale (Real Estate)

Sales Record Book

Sell Mortgaged Property Including Motor Vehicle

Sheriff's Sale of Foreclosed Mortgaged Real Property by Court Order

 

Turnover Order

Turnover Order & Writ of Possession of Personal Property

 

United States: U.S. Courts All of the Court of the United States. This is a map link that is very useful.

United States: United States Bankruptcy Court

Writ of Possession of Personal Property & Turnover Order


Key Terms

Georgia:

Gwinnett (GA) Daily Post Legal Ads Legal Ads for Sheriff et al

Real Estate Foreclosure: O.C.G.A. § 44-14-30; O.C.G.A. § 44-14-161 (Five Days Notice)


Books: Docket

O.C.G.A. § 15-16-10

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Books Electronic Storage of

O.C.G.A. § 15-16-10

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Books: Sales Record

O.C.G.A. § 15-16-10

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Breach of Peace

O.C.G.A. § 11-9-503

O.C.G.A. § 11-9-609

Hill v. Federal Employees Credit Union, 193 Ga. App. 44) 386 SE2d 874 (1989) by Law Skills, http://www.lawskills.com/code/ga/

Deavers et al. v. Standridge, 144 Ga. App. 673),(242 SE2d 331) (1978) by Law Skills, http://www.lawskills.com/code/ga/

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Cancellation of Mortgage, Conveyance to Secure Debt and/or Lien & Penalty

O.C.G.A. § 44-14-3

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Condominiums & Homeowners Associations

O.C.G.A. § 44-3-70 to O.C.G.A. § 44-7-235

O.C.G.A. § 44-3-109

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Deficiency Judgment (Foreclosure sale does not satisfy debt), Service by Sheriff

O.C.G.A. § 44-14-161

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Docket Book

O.C.G.A. § 15-16-10

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Electronic Storage of Records

O.C.G.A. § 15-16-10

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"Eligible Sale" (Recision of Sale) (Reverse Sale) (Rescind Sale)

O.C.G.A. § 9-13-172.1

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Foreclosure Basics for Consumers

Foreclosure Basics for Consumers by The Federal Reserve Board

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Foreclosure on Liens on Personalty

O.C.G.A. § 44-14-230

O.C.G.A. § 44-14-550

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Foreclosure on Personal Property (Personalty)

O.C.G.A. § 44-14-232 Summons; service on defendant; debtor's duty to notify creditor of address changes; form

O.C.G.A. § 44-14-233

O.C.G.A. § 44-14-234

O.C.G.A. § 44-14-235

O.C.G.A. § 44-14-236

O.C.G.A. § 44-14-234

O.C.G.A. § 44-14-236

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Foreclosures on Personalty Arising Out of Commercial Transactions

O.C.G.A. § 44-14-236

O.C.G.A. § 44-14-261

O.C.G.A. § 44-14-262

O.C.G.A. § 44-14-263

O.C.G.A. § 44-14-264

O.C.G.A. § 44-14-265

O.C.G.A. § 44-14-266

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Foreclosure Under Power of Sale (Real Estate)

O.C.G.A. § 9-13-172.1

O.C.G.A. § 44-14-160

O.C.G.A. § 44-14-162.3

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Hinder Levy

O.C.G.A. § 44-14-7

O.C.G.A. § 44-14-8

O.C.G.A. § 44-14-9

O.C.G.A. § 44-14-10

O.C.G.A. § 44-14-11

O.C.G.A. § 44-14-12

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Immediate Writ of Possession

O.C.G.A. § 44-14-261

O.C.G.A. § 44-14-262

O.C.G.A. § 44-14-263

O.C.G.A. § 44-14-264

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Notice

O.C.G.A. § 10-1-36

Hill v. Federal Employees Credit Union, 193 Ga. App. 44) 386 SE2d 874 (1989) by Law Skills, http://www.lawskills.com/code/ga/

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Recording of Foreclosures and Deed Under Power

O.C.G.A. § 44-14-160

O.C.G.A. § 44-14-162.3

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Sales Record Book

O.C.G.A. § 15-16-10

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Sheriff's Sale of Foreclosed Mortgaged Real Property by Court Order

O.C.G.A. § 44-14-187

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Sell Mortgaged Property Including Motor Vehicle

O.C.G.A. § 44-14-6

O.C.G.A. § 44-14-7

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Turnover Order

O.C.G.A. § 44-14-230

Suggested Form for the Turnover Order: O.C.G.A. § 44-14-233(e)

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Writ of Possession for Personal Property & Turnover Order + Election of Option

O.C.G.A. § 44-14-230

O.C.G.A. § 44-14-233 Suggested Form for the Turnover Order: O.C.G.A. § 44-14-233(e)

O.C.G.A. § 44-14-236

Brown's Forms 44-14-230 & 44-14-233

Gwinnett County Magistrate Court Election of Option Form MAG15-03

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Possible Help to Avoid Foreclosure

Hope for Homeowners Prevent foreclosure on your home. National phone line: 888-995-4453. Gwinnett County: The IMPACT! Group, 2825 Breckinridge Blvd., Suite 160, Duluth, GA, phone 678-808-4477, http://www.theimpactgroup.org/

Emergency Shelter - Impact Group Resource Center 678-291-0305, Monday - Friday, 9:00 a.m. to 4:00 p.m.

MERS MERSCORP, Inc. 1-800-646-MERS (6377). Has a map to "Click" on each state! "MERS was created by the mortgage banking industry to streamline the mortgage process by using electronic commerce to eliminate paper. Our mission is to register every mortgage loan in the United States on the MERS® System."

Mortgage Terminology & Tools By BayCal Financial, Inc.

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Neighborhood Assistance Corporation of America (NACA) A National Advocacy Group That Provides Assistance to Eligible Homeowners Who Had a "Subprime Loan" That Are Trying to Avoid Foreclosure by Refinancing. This is a link to their questionnaire used to determine eligibility. They are fund by a One Billion Dollar commitment from Bank of America and Citigroup.

Neighborhood Assistance Corporation of America (NACA) Office Location. You Enter Your Zip Code to Get the Office Nearest You.

Neighborhood Assistance Corporation of America (NACA) Main Page

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Foreclosure.com List of Foreclosures by State and then County

Gwinnett (GA) Daily Post Legal Ads Legal Ads for Sheriff et al. Go to: 931 under "Classification Search" on the left side of the page and Click On: Sheriff's Sales

Homes for Sale by the U. S. Government "Currently the U.S. Departments of Housing and Urban Development (HUD), Agriculture (USDA/Rural Development), and Veterans Affairs (VA) have homes listed on this site."

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RealtyTrac.com $$$ Fee Based $$$

National Mortgage Implode.com

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Problem Lenders, Help With:

Georgia Department of Banking & Finance Website Help Only!

U.S. Department of the Treasury

U.S. Department of Housing & Urban Development Guide to Avoiding Foreclosure

*** U.S. Department of Housing & Urban Development Rules governing how mortgage companies handles homeowner's escrow accounts. 202-708-0502; HUD approved housing counseling services - 800-569-4287.

U.S. Federal Trade Commission's Publication - "How to Manage Your Mortgage If Your Lender Closes or Files for Bankruptcy"

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