Be caeful what you read on the internet on GA Foreclosures


How to Set Aside a Foreclosure Sale in Georgia

Written By __________, 20 September 2013 | 00.00

Attempting to have a Georgia foreclosure set aside is a tricky, difficult task that requires the use of the court system. The debtor must prove in a court of law that the lender illegally or improperly conducted the sale. If the judge agrees, then she can throw out the foreclosure ruling, and the debtor will be allowed to retain the home — at least temporarily. If she doesn’t, the debtor will be evicted.

Instructions

1

Determine grounds for setting aside. Georgia law very clearly describes under what circumstances a judge may set aside a foreclosure ruling. If the homeowner doesn’t owe the debt or is not actually in default,[1] the court will rule in the owner’s favor. Procedural mistakes may also qualify, but they must be severe in nature. If the sale wasn’t advertised or conducted properly,[2] or didn’t meet procedural requirements, it can be set aside. If the bidding has been chilled[3] by pending litigation or by lender acts, or if the price bid is grossly inadequate,[4] it can also be set aside. Both judicial and non-judicial foreclosures can be set aside in Georgia.

2

Furnish proof,[5] the burden of which falls on the debtor[6]. Georgia law states that it’s up to the debtor to prove that the foreclosure was illegal[7]. The debtor must show that the lender owed and subsequently breached its duty to the debtor[8] and that the breach caused harm from which damages resulted.[9] Foreclosures will not be set aside because of small discrepancies or waiver of default, or because the sale price was inadequate on its own[10].

3

Hire an attorney[11] to file a lawsuit against the lender. Georgia law is tricky and courts have ruled against debtors[12] because they didn’t attach a copy of the foreclosure ruling’s court transcript[13] and for filing an appeal to the foreclosure instead of filing a new lawsuit. An attorney will understand Georgia laws best.[14]

4

File for bankruptcy. Bankruptcy[15] law for both Chapter 7 and Chapter 13 cases mandate an automatic stay on foreclosure proceedings and other creditor collection activity. Chapter 13 will allow you to work out a repayment plan with your lender. Chapter 7 may eventually force the sale of your home. However, declaring bankruptcy will give you time to mount a case to have the foreclosure set aside.

[1] I have claimed this in many wrongful foreclosures. The banks never have to prove a default, so how do you disprove a default?

[2] Advertisement. The only way, is if you can prove that it chilled the bidding. In order for the court to consider chilled the bidding, is if confirmation hearing is sought

[3] Chilled bidding. It is only considered in a confirmation hearing

[4] Chilled bidding. It is only considered in a confirmation hearing.

[5] Furnish proof. The banks refuse to give you documentation, how do you prove you are not if default?

[6] Debtor to prove illegal. Take every statement for the past 25 years, no real way to prove no default.

[7] Debtor to prove illegal. Take every statement for the past 25 years, no real way to prove no default.

[8] Owed and Breached. The courts tell us that they are on the other side of the spectrum, and there is no confidential relationship between lender and debtor.

[9] Show damaged. Then you have to prove the breached damaged you. If you are in default, which you were supposed to show that you weren’t earlier, the court won’t go with you.

[10] Sales priced. Inadequate, only considered in a confirmation hearing.

[11] Hire attorney. The attorneys have been black-balled, and suspended, and disbarred. No attorney lasts in foreclosure defense in GA, and if they do, they kill themselves, or get disbarred.

[12] GA laws tricky? Not so, the courts refuse to rule with GA law.

[13] Foreclosure Rulings Transcript. You don’t have a transcript if the court does not have hearings and dismisses.

[14] Know the laws? GA attorneys don’t know the real estate laws, because judges make them up as we go, and don’t follow the laws.

[15] Bankruptcy. We know the GA Bankruptcy Courts are now, also not following the law. Look at your own case.

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