Sales Made on Foreclosure Under Power of Sale - Mailing or Delivery of Notice to Debtor - Procedure

  1. Law
  2. Georgia Code
  3. Property
  4. Mortgages, Conveyances to Secure Debt, and Liens
  5. Foreclosure
  6. In General
  7. Sales Made on Foreclosure Under Power of Sale - Mailing or Delivery of Notice to Debtor - Procedure

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  1. Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed, or other lien contract shall be given to the debtor by the secured creditor no later than 30 days before the date of the proposed foreclosure. Such notice shall be in writing, shall include the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and shall be sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address or to such other address as the debtor may designate by written notice to the secured creditor. The notice required by this Code section shall be deemed given on the official postmark day or day on which it is received for delivery by a commercial delivery firm. Nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument.
  2. The notice required by subsection (a) of this Code section shall be given by mailing or delivering to the debtor a copy of the notice of sale to be submitted to the publisher.

(Ga. L. 1981, p. 834, § 2; Ga. L. 2000, p. 1589, § 3; Ga. L. 2001, p. 1212, § 6; Ga. L. 2008, p. 624, § 2/SB 531.)

The 2000 amendment, effective July 1, 2000, substituted "certified mail or statutory overnight delivery" for "certified mail" in the second sentence of subsection (a).

The 2001 amendment, effective July 1, 2001, added "or day on which it is received for delivery by a commercial delivery firm" at the end of the last sentence in subsection (a) and inserted "or delivering" in subsection (b).

The 2008 amendment, effective May 13, 2008, in subsection (a), substituted "30 days" for "15 days" in the first sentence, inserted ", shall include the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor," near the beginning of the second sentence, and added the last sentence; and, in subsection (b), deleted "the published legal advertisement or a copy of" preceding "the notice" and inserted "to be" near the end.

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that this Act is applicable with respect to notices delivered on or after July 1, 2000.

Ga. L. 2001, p. 1212, § 7, not codified by the General Assembly, provides that this Act is applicable with respect to notices delivered on or after July 1, 2001.

RESEARCH REFERENCES

ALR.

- Recognition of action for damages for wrongful foreclosure - types of actions, 82 A.L.R.6th 43.


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