- Who sends it
- The foreclosing lender signs it for the buyer; it is recorded in the county deed records
- What it starts
- The new owner's right to demand possession and file an eviction case
- Do this first
- Ask the foreclosing law firm in writing for an accounting of the sale money
What this document is in Georgia
In a Georgia power of sale foreclosure, the home is sold at the courthouse on the first Tuesday of the month to the highest bidder. The lender then signs a deed under power that conveys the home to that buyer. Under O.C.G.A. § 44-14-162.4, the deed must recite that the 30-day notice was given.
You may never get a copy in the mail. It is filed in the deed records of the clerk of superior court in your county, where you or a lawyer can look it up.
What it does and does not mean
- Georgia Legal Aid says that after a foreclosure sale you no longer own the home and you have the legal status of a renter.
- The Georgia power of sale statutes give no period to buy the home back after a mortgage foreclosure sale.
- It is not an eviction order. The new owner must first demand possession and then win a dispossessory case. See Georgia demand for possession.
- It does not by itself mean you owe more money. A lender that wants a deficiency must first get the sale confirmed by a judge. See notice of a confirmation hearing.
Deadlines after the deed
- Within 30 days after the sale: the lender must report the sale to a superior court judge if it wants to seek a deficiency (O.C.G.A. § 44-14-161).
- No fixed move-out date: the clock starts only when the new owner demands possession and you are served with a dispossessory summons, which gives you 7 days to answer.
- Surplus: no Georgia statute we found sets a claim form or deadline for mortgage foreclosure surplus, so ask right away.
What to do this week
- Write to the foreclosing law firm named in your 30-day notice. Ask for an accounting of the sale price, the debt, costs and other liens, and give your new mailing address.
- If the price was more than the debt, costs and other liens, the extra belongs to you. Read Georgia foreclosure surplus funds.
- If you think the sale was not done properly, such as no 30-day notice, call legal aid now. A challenge after the sale is a wrongful foreclosure claim, which needs a lawyer.
- Plan your move. Read after a Georgia foreclosure sale.
Where to get help
- Atlanta Legal Aid Society (Clayton, Cobb, DeKalb, Fulton and Gwinnett counties) or Georgia Legal Services Program (other counties).
- If money was sent to the state as unclaimed, search the Georgia Department of Revenue's Unclaimed Property program. You do not need to pay anyone to search.
- More contacts are on Georgia foreclosure help.
The rest of the Georgia process
See how foreclosure works in Georgia, the timeline, ways to stop it and free help in Georgia, or read the national guide to this letter.
Common questions
Can I get my Georgia home back after the deed under power is signed?
The Georgia power of sale statutes give no right to redeem after a mortgage foreclosure sale, and Georgia Legal Aid says you no longer own the home once the sale happens. Any challenge would be a wrongful foreclosure case in court, so speak with a lawyer right away.
What must a Georgia deed under power say?
O.C.G.A. § 44-14-162.4 requires it to recite that the notice under § 44-14-162.2, the 30-day notice, was given.
Who gets the extra money if my Georgia home sold for more than I owed?
O.C.G.A. § 44-14-190 says surplus after the mortgage and other liens are paid goes to the mortgagor. The foreclosing lender's law firm handles the sale money, so ask it in writing for an accounting and payment.
Other Georgia letters
- Notice of the initiation of proceedings to exercise a power of sale (the 30-day foreclosure notice)In Georgia, most foreclosures happen without a court case. The lender must mail you this notice no later than 30 days before the sale, and it is a copy of the sale ad going to the county legal newspaper. It is often the only paper you get before your home is sold on a first Tuesday.
- Notice of hearing on the report of sale for confirmation and approvalIf your Georgia home sold for less than the debt and the lender wants to collect the rest, it must report the sale to a superior court judge within 30 days and get it confirmed. This notice tells you the hearing date. The judge must find the home sold for its true market value.
- Demand for possessionA demand for possession is the new owner's written request that you leave the home after a Georgia foreclosure sale. It is required before the owner can file a dispossessory (eviction) case. It is not a court order, and no one can remove you on the strength of this letter alone.
- Dispossessory warrant (affidavit) and summonsA dispossessory case is the court eviction the new owner must bring after a Georgia foreclosure if you have not left. The summons gives you 7 days from service to answer, in writing or in person. If you do not answer, a writ of possession can issue without a hearing.
Sources
- Georgia General Assembly: House Bill 948 (2026) committee substitute, reprinting current O.C.G.A. §§ 44-14-162.2 and 44-14-190
- GeorgiaLegalAid.org: What to Know About Foreclosure (reviewed February 13, 2026)
- Georgia Department of Revenue: Unclaimed Property
- Atlanta Legal Aid Society
- Georgia Legal Services Program