September data from RealtyTrac show that Georgia has a lot fewer home foreclosures than Florida. Part of the reason is because Georgia is a Title Theory State where the mortgage lender holds the title and can complete a non-judicial foreclosure in as little as 60 days. Florida is a Lien State, which means the homeowner holds title (even in the foreclosure process) and has greater opportunity to mount a foreclosure defense.
The problem with Georgia is that non-judicial foreclosure is a shortcut of due process and gives the oversight to the lenders. It is just the clerk and an attorney; there is no judge.
Back when banks were writing mortgages for anyone who could breathe, the paperwork was not done correctly. The sheer mass of business introduced mistakes which were inherited into the mortgage crisis marathon, inviting fraud at every complexity.
Lenders have admitted to creating a whole bunch of bad documents, and then there were people signing documents who did not know what they were signing. The right people need to be foreclosing. A foreclosure defense asks the lender to prove their case—verify the information and show that they have the proper authority.
Florida’s foreclosure process is more homeowner-friendly, an advantage for Northeast Florida which is host to three of the five top foreclosure counties in the State: Clay, Duval, and Flagler.
If you are a Florida homeowner facing foreclosure, you have choices. Seek competent legal counsel to set a strategy with the best benefit for you.