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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.
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
Zillow
Look up homes
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
Back to Top (Index to Key
Terms)
Books Electronic Storage of
O.C.G.A. § 15-16-10
Back to Top (Index to Key
Terms)
Books: Sales Record
O.C.G.A. § 15-16-10
Back to Top (Index to Key
Terms)
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/
Back to Top (Index to Key
Terms)
Cancellation of Mortgage,
Conveyance to Secure Debt and/or Lien & Penalty
O.C.G.A. § 44-14-3
Back to Top (Index to Key
Terms)
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
Back to Top (Index to Key
Terms)
Deficiency Judgment (Foreclosure sale does not satisfy debt), Service by
Sheriff
O.C.G.A. § 44-14-161
Back to Top (Index to Key
Terms)
Docket Book
O.C.G.A. § 15-16-10
Back to Top (Index to Key
Terms)
Electronic Storage of Records
O.C.G.A. § 15-16-10
Back to Top (Index to Key
Terms)
"Eligible Sale" (Recision of Sale) (Reverse Sale) (Rescind Sale)
O.C.G.A. § 9-13-172.1
Back to Top (Index to Key
Terms)
Foreclosure Basics for Consumers
Foreclosure Basics for Consumers by The Federal Reserve Board Back to Top (Index to Key
Terms)
Foreclosure on Liens on
Personalty
O.C.G.A. § 44-14-230
O.C.G.A. § 44-14-550
Back to Top (Index to Key
Terms)
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
Back to Top (Index to Key
Terms)
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
Back to Top (Index to Key
Terms)
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
Back to Top (Index to Key
Terms)
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
Back to Top (Index to Key
Terms)
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
Back to Top (Index to Key
Terms)
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/
Back to Top (Index to Key
Terms)
Recording of Foreclosures and Deed Under
Power
O.C.G.A. § 44-14-160
O.C.G.A. § 44-14-162.3
Back to Top (Index to Key
Terms)
Sales Record Book
O.C.G.A. § 15-16-10
Back to Top (Index to Key
Terms)
Sheriff's Sale of Foreclosed Mortgaged Real Property by Court Order
O.C.G.A. § 44-14-187
Back to Top (Index to Key
Terms)
Sell Mortgaged
Property Including Motor Vehicle
O.C.G.A. § 44-14-6
O.C.G.A. § 44-14-7
Back to Top (Index to Key
Terms)
Turnover Order
O.C.G.A. § 44-14-230
Suggested Form for the Turnover Order: O.C.G.A. § 44-14-233(e)
Back to Top (Index to Key
Terms)
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
Back to Top (Index to Key
Terms)
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.
Back to Top (Index to Key
Terms)
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
Back to Top (Index to Key
Terms)
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."
Back to Top (Index to Key
Terms)
RealtyTrac.com
$$$ Fee Based
$$$
National Mortgage Implode.com
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Terms)
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"
Back to Top (Index to Key
Terms)
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