In Georgia, lenders have to file a lawsuit in court to initiate a judicial foreclosure process.
- The judicial foreclosure is necessary in cases where the Deed of Trust or Mortgage does not have a power of sale clause. In such cases, the court will make the necessary enquiries and declare a foreclosure.
- Once the foreclosure is issued the lender is entitled to sell the property and claim his dues from its proceeds.
- In case of non-judicial foreclosure, the lender has to execute the foreclosure process in accordance with the Deed of Trust which will specify the date, time, place and manner of foreclosure.