Legal Question in Real Estate Law in Georgia
Foreclosure
Can a homeowner under foreclosure secure a contract to sell the property? If so, does closing date have to be before auction date?
Asked on 2/15/06, 3:53 pm
2 Answers from Attorneys
Jon Gottlieb
Flynn & Gottlieb, P.A.
Re: Foreclosure
Yes and yes.
Answered on 2/15/06, 3:55 pm
Charles W. Field
Charles W. Field, Attorney at Law
Re: Foreclosure
Yes, the owner can enter into a contract to sell. However, the mortgage that is being foreclosed will have to be satisfied out of the proceeds. And, yes, the closing must take place before the foreclosure; if not, the mortgagee (lender) takes the property.
Answered on 2/15/06, 5:43 pm