Legal Question in Real Estate Law in Georgia

Evicting Foreclosed Tenant

My husband foreclosed on a tenant and took back titular possession of the house. We proceeded with eviction proceedings. On the day before the tenant had to be out, he filed bankruptcy. At the magistrate court all parties agreed to extend the time to vacate to 60 days. The settlement paper was signed by the magistrate judge and filed with the court. He now has 2 weeks left and is making no effort to move. When his time is up, since we have the court order, can we just take the sheriff and make him leave? Or is there another rabbit he can pull out of his hat and get to stay longer?


Asked on 10/20/01, 2:28 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Evicting Foreclosed Tenant

I almost hate to answer your question. The Tenant (T) has you over a barrel and you (landlord LL) have a big problem. He is presently under the protection of the the United States Bankruptcy Court (? for the northern District of Georgia). The fact that you and a state of Georgia Magistrate agreed upon some type of timeline to move out is not controlling -- if the T objects or uses the 362 stay to his advantage. You really should consult a Bankruptcy attorney concerning your rights (of which I am not one). If you evict the T and he is still covered under the 362 B stay -- guess what -- he can successfully sue your for money damages for violating the 362 stay. You need the involvement of the USDC NDGA to resolve this (or, confirmation that his case is dismissed or that the stay is not longer in place).

I received this Q on 11.22.2001.

Hugh Wood

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Answered on 11/22/01, 3:08 pm


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