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How to avoidForeclosure

Georgia · What this letter means

You got a Georgia demand for possession after foreclosure: what it means

A 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.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

Who sends it
The new owner, or its agent or attorney
What it starts
The owner's right to file a dispossessory case if you do not leave
Do this first
Decide whether to negotiate a move-out date or cash for keys, in writing

What this document is in Georgia

After the sale you no longer own the home. Georgia Legal Aid says you have the legal status of a renter, and that the buyer cannot force you out until it gives a written demand and files a dispossessory warrant in court.

The demand for possession comes under O.C.G.A. § 44-7-50. Current subsection (d) says the demand for possession notice must be posted in a sealed envelope on the door of the property, plus any other delivery method agreed in a rental agreement. Court affidavit forms describe a former owner after foreclosure as holding the home "at will or sufferance" after the owner demanded possession and was refused.

What it does and does not mean

  • It is not an eviction order and does not allow a lockout or removal of your things.
  • If you do not leave, the owner's next step is a dispossessory case in court. See Georgia dispossessory warrant and summons.
  • It often comes with an offer of cash for keys: money in exchange for leaving the home empty and broom-clean by a set date. Georgia Legal Aid says to make sure any such agreement releases you from all liability on the mortgage loan. See cash for keys offers.
  • If you rent the home from the former owner, tenants have separate rights. See tenant notices after foreclosure.

How much time you have

  • We did not find a Georgia statute that sets a fixed number of days a former owner must be given after a demand for possession. Read the letter for any date the owner gives.
  • After the demand, the owner can file a dispossessory case. Once you are served, you have 7 days to answer. If you lose at trial, the writ of possession takes effect 7 days after the judgment.
  • Use the time now to move on your own terms, or to negotiate a later date in writing.

What to do this week

  • Keep the letter and the envelope, and note the date and how you got it.
  • If you want more time or moving money, answer in writing and ask. Get any agreement signed by the owner or its attorney.
  • Check any cash for keys paper for a release from the mortgage debt before you sign.
  • Write to the foreclosing law firm about any surplus from the sale. See Georgia foreclosure surplus funds.
  • Call Atlanta Legal Aid Society or Georgia Legal Services Program if you think the foreclosure was wrongful.

Common questions

Can the new owner change the locks after a Georgia foreclosure?

Georgia Legal Aid says the buyer cannot force you out until it gives a written demand and files a dispossessory warrant in court. Removal happens only under a writ of possession after the court case.

How many days does a Georgia demand for possession give me?

We did not find a fixed statutory number of days for a former owner. Read the letter for any date it gives. The firm deadlines come later: 7 days to answer a dispossessory summons, and 7 days after a judgment before the writ takes effect.

Should I take a cash for keys offer in Georgia?

It can give you moving money and a clear date. Georgia Legal Aid says the agreement should release you from all liability on the mortgage loan, or the lender could still pursue the remaining debt. Get it in writing before you hand over keys.

Other Georgia letters

Sources

  1. Georgia General Assembly: House Bill 1389 (2026), reprinting current O.C.G.A. § 44-7-50(c) and (d)
  2. State Court of Chatham County, Georgia: Dispossessory Warrant affidavit and summons form
  3. GeorgiaLegalAid.org: What to Know About Foreclosure (reviewed February 13, 2026)
  4. Atlanta Legal Aid Society
  5. Georgia Legal Services Program

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