What is a primary feature of non-judicial foreclosure procedures in Georgia?

A primary feature of non-judicial foreclosure procedures in Georgia is that they follow strict notice requirements. In Georgia, non-judicial foreclosure is a process governed by state law, particularly O.C.G.A. § 44-14-162, which establishes certain notice protocols that lenders must adhere to before proceeding with foreclosure.

The lender is required to provide a written notice to the borrower, informing them of the impending foreclosure sale. This notice must be sent at least 30 days prior to the sale, giving the borrower an opportunity to address the default. The notice of sale must also be published in a local newspaper for four consecutive weeks prior to the sale date. This emphasis on strict notice requirements is designed to ensure that borrowers have adequate awareness of the foreclosure process, enabling them to take appropriate actions, such as seeking a loan modification or making arrangements to pay off the debt.

In contrast, non-judicial foreclosures do not involve a court trial, as they are managed outside the court system. While there is a legal framework in place that dictates how the process unfolds, it is distinct from judicial foreclosure, which does involve court proceedings and can lead to delays. It is also important to note that non-judicial foreclosure does not allow for