HOW TO STOP A GEORGIA FORECLOSURE by Brian R. Cahn, Consumer Rights Attorney with Perrotta, Cahn & Prieto, P.C.

Why do mortgage lenders love to extend loans in the State of Georgia?  Because Georgia law is unique – a mortgage company can use a “non-judicial” process to quickly foreclose on property in Georgia.  Georgia’s non-judicial foreclosure process is the fastest foreclosure process in the United States.  When you finance a home here, you sign a security deed to the lender plus a waiver of rights.  These documents allow the lender to simply advertise your house for sale for four weeks and then auction it off on the courthouse steps, without ever going inside the courthouse.  The homeowner has the burden of taking the lender to court to prove problems with the lender’s accounting or procedures, but usually missing  payments is enough under most mortgage terms to allow the lender to foreclose.

Fortunately, Chapter 13 of the Bankruptcy Code provides a powerful tool: Debtors can cure the default on a loan through a payment plan. Chapter 13 filings only cost $351 to file.  The best part?….

The mere FILING of a bankruptcy petition AUTOMATICALLY STOPS the foreclosure!

In addition to stopping the foreclosure with the chapter 13, we assist many of our clients with mortgage modifications through the federal government’s Making Home Affordable Program (HAMP).   Approval of a loan modification will lower the homeowner’s payments.

Want more information?  Call or e-mail me for your free and confidential consultation.  I can help.

Brian R. Cahn – Providing Quality Consumer Legal Representation for 18-Years.

Perrotta, Cahn & Prieto represents clients throughout Georgia and the Southeastern United States.  We have offices conveniently located throughout Georgia.  To schedule a free consultation with a lawyer at our firm, call us toll-free at 866-382-8900 or visit us online at

We have offices in: Cartersville, Calhoun, Dalton, Atlanta and Dallas

Serving clients in: Bartow, Floyd, Paulding, Cherokee, Polk, Whitfield, Douglas, Cobb, Fulton, Chatham, and all of Northwest Georgia.


Posted on April 11, 2012, in Uncategorized and tagged , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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