Georgia Eviction Overview

Upon the completion of a properly conducted nonjudicial foreclosure sale in Georgia, the borrower and anyone claiming title or possession by or through the borrower, becomes a “tenant at sufferance” subject to immediate eviction. The only condition precedent to filing an eviction after foreclosure is a demand for possession.

The purchaser at the foreclosure sale must demand possession of the property. After the lender has demanded possession and the borrower has failed to vacate the property, the lender initiates the eviction proceeding by filing a Dispossessory affidavit with the applicable court in the county where the property is located. Most lenders generally prefer to file this Dispossessory affidavit in the magistrate’s court (if one exists in the applicable county) where possession is simplified and costs are generally lower. The sheriff then serves the Dispossessory affidavit upon the borrower or other occupant.

After service is complete, the borrower or other occupant has seven (7) days in which to file an answer. If no answer is filed, then the case goes into default and the court may issue a writ of possession that may be executed immediately. If an answer is filed, however, then an expedited trial will be scheduled, usually within two (2) weeks after the filing of the answer.

Notice To Vacate To Bona Fide Tenant(s)

If you are a bona fide tenant without a lease or with a lease terminable at will, please be advised that pursuant to the Protecting Tenant at Foreclosure Act of 2009 (“The Act”), you must vacate the premises within ninety ( 90 ) days.

Subject to the terms of the Act, if you are a bona fide tenant and you are occupying the premises under a bona fide lease that you entered into before the notice of foreclosure, you may be entitled to occupy the premises until the end of the remaining term of the lease. In order to confirm your status as a bona fide tenant, you must provide a copy of your lease agreement or other evidence of your tenancy within ten ( 10 ) days from the date  notice is delivered to the premises. Your failure to confirm your status as a bona fide tenant within ten ( 10 ) days will not act as a waiver of your rights under the Act.

If you have any questions, please refer to the Evictions section of our Contact page.

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