Real Estate Law FAQs

What does "Non-Judicial Foreclosure" mean?

The State of Georgia follows Non-Judicial Foreclosure. When a Lender holds a security interest in your property, they have the ability to initiate foreclosure proceedings upon a violation of a term or condition of the Security Deed. The common phrase “You don't pay, you don't stay” does not necessarily encompass the entirety of the terms and conditions of most Security Deeds, as foreclosure can be initiated for not keeping your property in repair, not maintaining the correct homeowner's insurance, just to name a few. In Georgia, a Lender is able to initiate foreclosure proceedings by following statutory notice guidelines, rather than wait upon a Judicial Proceeding date as many other states require. It is important that you understand the terms and conditions of your Security Deed to understand your rights and responsibilities under the terms of the Agreement. If you are facing foreclosure, it is important to reach out to your Lender to discuss your options going forward.

Why am I still receiving a tax bill in the mail for property that I have sold?

Often, a seller will still receive a copy of the property tax bill for property they have sold. It is important to note that the tax commissioner will not update online records as conveyances are displayed in the public records, and you may still receive a copy of the bill due to mail forwarding procedures. If you do receive the property tax statement, you should forward that bill to the new owner of record. You can always call the closing attorney if there are any questions.

Can you provide a general overview of the closing process?

1.  Upon receipt of a fully executed contract for the Purchase and Sale of Real Property:

2.  You will receive an invitation to connect to our Qualia software program where you will be able to track in real time all updates to the closing process.

For Sellers:

• You will be asked to fill out a form that gives us permission to contact your current lender so that we can get a payoff amount on your current loan, if applicable.
• We will also contact your Homeowner's Association, if applicable, for a Statement of Membership Dues, as well as any outstanding dues. Outstanding dues must be collected at closing so that there is no balance owed. For regular yearly or monthly dues, that amount will be prorated at closing reflecting the time that you own the home.
• Once the title review is complete, we will notify you of any defects in the chain of title and discuss what is needed in order to cure any title defects.

For Buyers:

• If you are using a Lender to purchase property, it is vitally important that you keep in contact with your lender and provide information requested as soon as possible.