Legal Question in Bankruptcy in Georgia

Obviously he should call a BR lawyer in his area.

As you may know, Georgia is a "non-judicial foreclosure state", which means that the bank does not have to go to Court to request permission to foreclose. Simply put, the bank can advertise once a week for 4 weeks after giving proper notice to the borrower of the default (and chance to cure) and then foreclose on the courthouse steps.

It would not be proper to answer your question in a forum such as this. You should speak with a Georgia real estate attorney about the specifics of your father's situation and understand the pro's and con's of declaring bankruptcy. There may also be other options available to your father short of declaring bankruptcy -- for instance, loan modification, loan refinance, deed in lieu of foreclosure, and short sales. Don't wait until after the foreclosure to seek help -- it will be too late then!!

Feel free to check out my website www.cooklegalservices.com for more information about obtaining affordable legal answers to your mortgage related questions.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

He needs to consult well before the foreclosure date with a bankruptcy attorney. If he's in metro Atlanta feel free to have him call me at 404-768-3509.