How to File an Injunction to Stop a Foreclosure in Georgia

Homeowners in nonjudicial foreclosure states like Georgia who find themselves behind on their mortgages often do not have much time to react. In the state of Georgia, foreclosure procedures are designed to give homeowners caught in foreclosure only a limited amount of time to reinstate their loans. If you find yourself facing foreclosure in Georgia, filing an injunction might be the only way to buy a little time to act.

Things You'll Need

• Mortgage documentation Attorney

Instructions

1. Do not wait to receive an official notice of an impending foreclosure sale. The notice of sale in Georgia can come only 15 days prior to the sale or auction date. In most cases, this notice is placed on the home, in the courthouse and even in the local newspaper. Not only is this process embarrassing and unexpected, it also gives you only 2 weeks to attempt to save your home or find a new home for yourself and your family.

2. Find an attorney as soon as you believe you can no longer work directly with your lender to catch up on past due payments. The attorney should be experienced with Georgia foreclosures and able to start the filing immediately. The petition for injunction should be written in clear language that explains the situation. Even though it might be tempting to try to file the injunction yourself, this is never recommended. Most attorneys will be willing to arrange a payment plan of some kind.

3. Get ready to show cause. Once the petition has been filed with the superior court, a date will be set for showing cause for granting a permanent injunction. This date will usually be 30 days from the date of filing and will give both the plaintiff (you) and the respondent (your lender) time to prepare for court or a jury trial. During this time you must prepare yourself to prove:
   * The mortgage terms that were given were unconscionable (you were pressured/obviously didn't understand the terms).
   * You are active duty military personnel.
   * The foreclosing party did not follow state procedures or made a serious error (did not credit payments properly).
   * The foreclosing party does not actually own the property.
   * Mortgage lender engaged in unlawful practices.
   The above-mentioned situations are the most common foreclosure defenses. In some situations an attorney might be able to fight against a Georgia foreclosure because of the nonjudicial process that does little to notify the homeowner. Both you and your attorney will need to carefully go over all contracts and documents provided by the lender.

4. Work toward financial stability. Before granting a permanent injunction that will allow you a chance to keep your home and catch up on back payments, a judge or jury will want to know that you can meet your new financial obligation.