Georgia law requires a foreclosing lender to go through a judicial proceeding to remove a tenant unless the property is abandoned. To be considered abandoned, there must be no persons or personal affects on the property. Thus, even if the property is uninhabited, the presence of a few personal articles or possessions left behind, is enough to necessitate an eviction proceeding in Georgia. Virtually all Deeds to Secure Debt or Security Deeds in Georgia contain a provision that makes a borrower (mortgagor) remaining in the property after a foreclosure sale a “tenant at sufferance”. As such, the lender may make immediate demand for possession of the property. This demand is best made in writing, by certified or registered mail. Shortly thereafter, an Affidavit of Summons of Dispossessory is filed, usually with the magistrate court in the county in which the property is located. The affidavit states the names of the parties, the grounds for the eviction, verifies that possession of the property and has been demanded, etc. The magistrate court will issue a summons to the sheriff where the property is located. The summons can be served by personal delivery to the tenant, to another adult residing at the residence, or, if no one is home when the sheriff attempts service, by tacking it to the door and sending a copy by first class mail to the property address. Note that by employing “tack and mail” service you can remove the tenant from possession but you may jeopardize your right to get a money judgment against the tenant. The summons requires the tenant to answer, either orally or in writing, within seven (7) days from the date that the summons is served. The last date for which an answer may be filed is customarily listed on the summons. If the tenant fails to answer, a writ of possession is issued instanter and delivered to the Sheriff within a matter of a few days. Upon receipt of the writ of possession, the sheriff will schedule a date and time for remove the tenant and his/her possessions from the property. Removal times vary by county and can range from a week to a few months. Although the Sheriff will be present to keep the peace at that time of removal, the lender must provide the labor for removal of the tenant’s possessions. The tenant’s possessions are typically taken to the curb in the front of the property and must remain there for 48 hours. Beyond this time, the possessions may be disposed of by the lender as it deems necessary. If the tenant answers the summons, a trial of the issues will ensue within about two (2) weeks in most jurisdictions. The tenant can remain in possession of the premises while the matter is being litigated. The tenant may not raise issues regarding the validity of the foreclosure sale at the hearing. Should the Court rule against the tenant, he/she have seven (7) days to move. A judgment in a dispossessory case must be appealed within seven (7) days from the date the judgment is entered by the court.
