Georgia is a non-judicial foreclosure state, which means home foreclosure is on the fast track in the Peach State—the lender can give notice, publish, and foreclose within 60 days with only the clerk and an attorney, no judge present.
It has to do with how property is owned. In Georgia, if you use a loan to buy a house, the bank owns that house until you pay off the loan; whereas, in Florida, you are the homeowner even if you borrowed money to buy the house, and even if you are unable to make the payments and the house goes into foreclosure…you still own it. You own your home up until the Certificate of Title is issued (usually about ten days after the foreclosure sale).
The up side of non-judicial foreclosure is that it speeds up the process. It reduces the judges’ workload, and for the homeowner who does not really care, it ends the foreclosure quickly. The problem is that there are people who do care, but who do not know any better.
What Florida lacks in kudzu it makes up for in opportunity to defend a home foreclosure.
The Florida foreclosure process gives homeowners greater opportunity to review their legal choices so they can pursue a strategy to their best benefit. Seek competent legal counsel to help you review your personal situation and set your goals.