- Who sends it
- The foreclosing lender or its law firm, as part of a superior court case
- What it starts
- A hearing where the judge decides whether to confirm the sale
- Do this first
- Put the hearing date on your calendar and call legal aid
What this document is in Georgia
O.C.G.A. § 44-14-161(a) says that when real estate is sold under a power of sale and does not bring the amount of the debt, no action may be taken to get a deficiency judgment unless the person who foreclosed reports the sale to the superior court judge of the county where the land is, within 30 days after the sale, for confirmation and approval, and gets an order of confirmation.
This notice is how you learn about that court case. You must get notice of the hearing at least 5 days before it.
What it does and does not mean
- It does not mean you already owe a deficiency. It is the step the lender must win first.
- The judge must hear evidence of the home's true market value and cannot confirm the sale unless the home brought that value.
- The judge also checks that the notice, the advertising and the sale were done properly, and can order a resale.
- If the lender did not report the sale within 30 days, or the judge does not confirm it, the lender cannot get a deficiency judgment on that debt.
Read deficiency judgments in Georgia for the full rules.
Deadlines and how to count them
- 30 days after the sale: the lender's deadline to report the sale to the judge. Check the date the report was filed against the first Tuesday sale date.
- At least 5 days before the hearing: when you must get notice of it.
- The hearing date printed on the notice is the one you must meet. Courts can set short schedules, so act the day you get it.
What to do this week
- Call Atlanta Legal Aid Society or Georgia Legal Services Program, or a licensed attorney, right away.
- Gather proof of what your home was worth on the sale date: an appraisal, a broker's opinion, recent sales of similar homes nearby, photos of improvements.
- Gather proof of any problem with the 30-day notice, the newspaper ad or the sale itself.
- Go to the hearing, or have a lawyer go for you. The hearing is your chance to be heard on value.
Short sales, deeds in lieu and scams
- This confirmation rule applies to foreclosure sales. After a short sale or deed in lieu, your written agreement decides whether you still owe anything, so look for clear words waiving any deficiency.
- Be wary of anyone who calls after the sale offering to make a deficiency go away for a fee. Report deceptive offers to the Georgia Attorney General's Consumer Protection Division.
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 a Georgia lender sue me for the shortfall without this hearing?
No. Under O.C.G.A. § 44-14-161(a), no action may be taken to obtain a deficiency judgment after a power of sale foreclosure unless the lender reports the sale to a superior court judge within 30 days and obtains an order of confirmation.
What does the judge decide at a Georgia confirmation hearing?
Whether the home sold for its true market value, and whether the notice, advertising and sale were proper. If not, the judge can refuse to confirm the sale and can order a resale.
How much notice do I get of a Georgia confirmation hearing?
At least 5 days before the hearing, under O.C.G.A. § 44-14-161. If you got less, tell the judge and call a lawyer.
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.
- Deed under powerThe deed under power is the deed the lender gives the winning bidder after a Georgia power of sale foreclosure. It transfers your home to the buyer, who is often the lender itself. It must state that the 30-day notice was given.
- 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.