Legal Question in Real Estate Law in Georgia
My home was sold at auction on August 7. I was only given 30 days notice prior to this event. A real estate company came to my home the next day and said they purchased the property. There is a second mortgage on the property which they do not own. I have been living in my home since the sale since I have not received any documentation that they actually own the property. I would like to know what my rights are in this situation and if I should allow them to file an Unlawful Detainer petition so I can go to court to fight this.
2 Answers from Attorneys
Assuming the sale was done properly, THEY have the rights. The minute someone bought the house at the foreclosure sale, it was their house. It is no longer your house. They don't need to "own" the second lien - the lien was wiped out (and you still owe that money). You can vacate their house, try to make a deal to rent it if they are willing, or face an eviction.
Foreclosures only take 30 days in Georgia, and when properly done, you lose the home and become a trespasser. Your stuff can soon be on the street, and you have a bigger problem - the second mortgage debt is against you and they can sue you for it.
Had you acted at the time of the foreclosure notice and called a lawyer, you had legal tools to delay or stop one and maybe save you home. Now you need to move, protect your belongings and get a bankruptcy lawyer to protect your pay from garnishment. Feel free to call us to protect your income and possessions - 404-768-3509. You have to act quickly to avoid even more problems.
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