Legal Question in Real Estate Law in Georgia

Re: foreclose on homes

Generally yes (unless it is a rare non-recourse loan). This, of course, should be understood before even getting the loan.

Re: foreclose on homes

The key to the lender getting a deficiency judgment after a foreclosure is the lender filing for a confirmation of the sale within a 30 day window following the sale. Some out of state mortgage lenders are not aware of this, and the opportunity to proceed to a deficiency judgment evades them because they overlook this step. Since you have apparently been foreclosed on - and may not be easily located for service of notice of the confirmation - you should look in the records of the Superior Court of the county where the property was located to see if a confirmation action has been initiated. If the lender misses the 30 day window, their opportunity is gone.