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Georgia · Weigh your options

How to stop a foreclosure in Georgia

In Georgia you stop a foreclosure by acting before the first Tuesday sale, because there is no court hearing first and no right to buy the home back afterward. Realistic options are a loss mitigation application, paying the reinstatement amount, selling, a superior court order, or a bankruptcy filing. Georgia has no state foreclosure mediation program.

Ask for help in Georgia Free HUD counselor: (800) 569-4287

Reviewed against Georgia law and official sources on October 11, 2026. General information, not legal advice.

Ways to stop or delay a foreclosure in Georgia

  • Apply to your servicer for loss mitigation

    As early as possible; Georgia Legal Aid points to more than 37 days before the sale

    Send a complete application in writing and keep proof of delivery. Use the contact named in your 30-day notice, who must have full authority to negotiate and modify the loan. Georgia Legal Aid warns that modification approval usually takes longer than 30 days, so do not wait for the sale notice.

    O.C.G.A. § 44-14-162.2

  • Reinstate the loan

    Before the sale, on the terms your lender sets

    We did not find a Georgia statute that guarantees a right to reinstate, so the deadline comes from your security deed and your servicer. Georgia Legal Aid says most mortgage companies will stop a foreclosure if you pay the missed payments, attorney fees and foreclosure costs. Ask the foreclosing law firm for the amount in writing and get written confirmation that the sale is cancelled.

  • Sell, short sale or deed in lieu

    Closed before the sale date

    If you have equity, a regular sale before the first Tuesday pays off the loan and keeps the rest for you. A short sale needs the lender's written permission. Georgia law treats a quitclaim deed in lieu of foreclosure signed after the loan was made as valid, so get any release of the remaining debt in writing first.

    O.C.G.A. § 44-14-162.3

  • Ask a superior court for a temporary restraining order

    Before the sale is held

    Because the lender does not sue you, you have to file your own case in superior court to get a judge involved. Georgia Legal Aid lists grounds such as not receiving the written notice of the sale date, or a loan that is not actually delinquent. You need a real legal basis, so talk to legal aid or a lawyer quickly.

  • Check the notice and recording requirements

    As soon as the notice arrives

    A power of sale foreclosure is not valid unless it was advertised and held like a sheriff's sale and the 30-day notice was given. The security deed or assignment must also be on file with the clerk before the sale. A lawyer can tell you whether a defect in your case is enough to challenge the sale.

    O.C.G.A. §§ 44-14-162, 44-14-162.2

  • File bankruptcy

    Before the foreclosure sale

    Georgia Legal Aid lists a bankruptcy filed before the sale as a way to stop it, and says to notify the foreclosure lawyer of the filing. A Chapter 13 plan can spread the missed payments over three to five years while you keep making regular payments. Use a licensed attorney, because this has long-term costs.

What Georgia law gives you

The right to catch up and stop the sale

No statutory right

We did not find a Georgia statute that gives you a right to catch up on missed payments and force the lender to cancel the sale. Any right to reinstate comes from your security deed, your loan type (FHA, VA, Fannie Mae, Freddie Mac) or your servicer's agreement. Georgia Legal Aid says most mortgage companies will stop a foreclosure if you pay the missed payments, attorney fees and foreclosure costs before the sale. Ask for the reinstatement amount in writing and get written confirmation that the sale is cancelled.

Foreclosure mediation

No statewide program

Georgia has no statewide foreclosure mediation or settlement conference program, and because most foreclosures never go to court there is no judge to order one. We did not find any county court mediation program for mortgage foreclosures on the state court, Attorney General, Department of Community Affairs or legal aid pages we reviewed. Your main paths are a loss mitigation application with your servicer, a free housing counselor, and legal aid.

Notice must name someone who can change your loan

The 30-day notice must give the name, address and phone number of the person or company with full authority to negotiate, amend and modify the mortgage. The law does not force the lender to agree to a modification, but it tells you exactly who to contact.

O.C.G.A. § 44-14-162.2

You cannot sign away the notice in your loan papers

A waiver of the 30-day notice is not valid if it is in the security deed itself or signed at the same time. The foreclosure deed must also state that the notice was given.

O.C.G.A. §§ 44-14-162.3, 44-14-162.4

The lender's paperwork must be on record before the sale

The security deed, or the assignment that gives the foreclosing lender its rights, must be filed with the clerk of superior court in the county where the home is located before the time of the sale.

O.C.G.A. § 44-14-162(b)

Court check before any deficiency judgment

A lender that wants to collect a shortfall must prove to a judge that the home sold for its true market value and that the sale was handled properly. You have the right to notice of that hearing.

O.C.G.A. § 44-14-161

Ten days to cancel a sale-and-rent-back deal

If your loan is in default and someone buys your home and lets you stay as a renter, Georgia's Fair Business Practices Act requires a written contract that plainly says the deal is a sale, and a notice giving you ten days to cancel. This right cannot be waived.

O.C.G.A. § 10-1-393(b)(20)(C)

The options your servicer can offer

Common questions in Georgia

Is there a right to reinstate a mortgage before a Georgia foreclosure sale?

Not one written into the Georgia foreclosure statutes we reviewed. Reinstatement depends on your security deed, your loan type and your servicer. Georgia Legal Aid reports that most mortgage companies will accept the missed payments plus fees and costs before the sale, but get the figure and the cancellation in writing.

Does Georgia have foreclosure mediation?

No statewide program exists, and since most Georgia foreclosures never go to court, no judge is in a position to order one. Your negotiation happens directly with the servicer, ideally with a HUD-approved housing counselor or legal aid helping you.

Can I stop a Georgia foreclosure because the lender did not send the 30-day notice?

It can be a basis to ask a superior court to stop the sale. O.C.G.A. § 44-14-162 says no sale under power is valid unless notice was given as required by § 44-14-162.2, and Georgia Legal Aid lists failure to give written notice of the sale date as a possible claim. Remember the notice counts as given when it is postmarked to the property address, even if you never picked it up.

Can I get my house back after a foreclosure sale in Georgia?

The Georgia power of sale statutes we reviewed give no period to redeem the home after a mortgage foreclosure sale, and Georgia Legal Aid says you no longer own the home once the sale happens. Any challenge after the sale would be a wrongful foreclosure claim in court, which needs a lawyer right away.

Step by step

More on foreclosure in Georgia

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

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Sources for this page

  1. O.C.G.A. § 44-7-53 (writ of possession if tenant fails to answer; trial if answered), FindLaw (unofficial mirror), current as of March 28, 2024
  2. O.C.G.A. § 44-7-55 (judgment and writ of possession effective after seven days), FindLaw (unofficial mirror), current as of March 28, 2024
  3. O.C.G.A. § 44-14-162 (sales under power: where, when, advertisement, recording before sale), FindLaw (unofficial mirror), current as of March 28, 2024
  4. O.C.G.A. § 44-14-162.1 (definition of debtor), FindLaw (unofficial mirror)
  5. O.C.G.A. § 44-14-162.2 (30-day notice to debtor), FindLaw (unofficial mirror)
  6. O.C.G.A. § 44-14-162.3 (waiver of notice not valid in security instrument), FindLaw (unofficial mirror)
  7. O.C.G.A. § 44-14-162.4 (recitals in deed under power), FindLaw (unofficial mirror)
  8. O.C.G.A. § 44-14-161 (confirmation of sale before deficiency judgment), FindLaw (unofficial mirror)
  9. O.C.G.A. § 44-14-190 (disposition of sale proceeds and surplus), FindLaw (unofficial mirror)
  10. O.C.G.A. § 9-13-161 (public sales on first Tuesday, hours, holiday rule), FindLaw (unofficial mirror)
  11. O.C.G.A. § 9-13-141 (advertisement once a week for four weeks), FindLaw (unofficial mirror)
  12. O.C.G.A. § 44-7-50 (demand for possession and dispossessory filing), FindLaw (unofficial mirror)
  13. O.C.G.A. § 44-7-51 (dispossessory summons, seven days to answer), FindLaw (unofficial mirror)
  14. O.C.G.A. § 10-1-393 (Fair Business Practices Act, paragraph (b)(20) on homeowners in default), FindLaw (unofficial mirror)
  15. Georgia General Assembly: House Bill 948 (2025-2026), committee substitute text showing current O.C.G.A. §§ 44-14-162.2 and 44-14-190 with proposed changes
  16. Georgia General Assembly: House Bill 948 status page (last action: Senate Read Second Time; not enacted)
  17. GeorgiaLegalAid.org: What to Know About Foreclosure (reviewed February 13, 2026)
  18. GeorgiaLegalAid.org: Georgia Foreclosure Law Help and Legal Aid
  19. Atlanta Legal Aid Society brochure: Facing Foreclosure? (updated 2024), hosted on GeorgiaLegalAid.org
  20. Georgia DCA public notice, February 26, 2026: Georgia Mortgage Assistance Announces Revised Final Application Deadline
  21. Georgia DCA: Georgia Mortgage Assistance Program
  22. U.S. Department of the Treasury: Homeowner Assistance Fund
  23. Georgia Department of Banking and Finance: I have a question or complaint about my mortgage company
  24. Georgia Attorney General's Consumer Protection Division: File a Complaint
  25. Georgia Department of Revenue: Unclaimed Property
  26. State Bar of Georgia FAQ: Where can I get an attorney referral?