Legal Question in Real Estate Law in Georgia

Re: forclose home

Your legal rights are very limited in this situation. You should consult an attorney to review all facts adn advise you if you have any legal recourse.

On a practical level, there are some things you can do (or, better, have your attorney do for you):

First, contact the mortgage holder, or his attorney, and try to make a deal with him--often the foreclosing party buys the property at the sale, and may be willing to continue to rent to you.

If this can't be done, find out who buys the property at the foreclosure sale, and make a deal with him. You should attend the foreclosure sale, so that you will be on the spot to find out. Contact the foreclosure attorney before the sale, so that you will know what bidding you should listen to. If you don't find out who bought at that point, contact the foreclosure attorney late in the day of the sale, and ask for the identity of the buyer.

If none of this works, you are a "tenant at suffrance" and can be evicted summarily. This does require a formal eviction proceeding in court, and you have the right to appear and present your case to the judge. Judges are often willing to give tenants at suffrance a period of time to find a new residence, particularly if you show up ready to pay rent for the additional period. The new owner may also be willing to negotiate on this. You should be represented by an attorney in this procedure as well.