Georgia Property Co.

HomeForeclosure

How to stop a foreclosure in Georgia before the sale

You stop a Georgia foreclosure by doing one of five things before the sale. Catch the loan up, get a full help form to the lender in time, get a court order, file for bankruptcy, or sell the house. Each has its own last day, and most fall days or weeks before the sale. The sale is on the first Tuesday of a month, so find that date and count back from it.

By Fitz Hall, Georgia Property Co.

Is your house on a sale list?

First, find the Notice of Sale Under Power

If a sale is set, a letter came by certified mail or overnight service at least 30 days before it. Inside is a copy of the ad the county paper runs once a week for four weeks, and its heading reads something like "Notice of Sale Under Power". It says that because your loan paper, called a security deed, gives the lender a power of sale, and that power is what lets it sell without a judge.

Read three things off that page: the sale date, the law firm running the sale with its phone number, and the person or company "with full authority to negotiate, amend and modify" your loan. Georgia law makes the lender name that party, but it does not make the lender change a thing. Still, now you know who to call.

If you have that letter on the table and a Tuesday circled in red, start with the help form below, because its deadline is the first of these to run out.

Five ways to stop the sale, side by side

Each option has its own last day. The cards show them at a glance, and the sections below go through them one at a time.

  • Catch the loan up

    Pay what you missed, plus late fees and the lender's costs, and the loan goes back to where it was.

    • Keeps the house
    • Time: up to 5 days before the sale on the standard deed
  • Send the lender's help form

    A first complete form that lands more than 37 days out holds the sale until the lender decides.

    • Time: more than 37 days out
    • Free help: a HUD counselor
  • Ask a court to halt it

    If the lender broke the rules, a lawyer can ask the superior court to stop the sale for now.

    • Needs a lawyer
    • Time: before the first Tuesday
  • File Chapter 13

    The filing stops the sale, and the plan lets you pay the missed amount over three to five years.

    • Best with a lawyer
    • Time: before the gavel
  • Sell the house first

    A sale that closes before the gavel pays the loan off and leaves you what is left.

    • Time: close before the sale
    • Short sale needs the lender's OK

Reinstatement: pay what you missed and keep the loan

Pay the past-due amount, plus late fees and the lender's costs so far, and the loan goes back to where it was. The sale comes off. Lenders call this reinstatement. The money can come from savings or from a relative.

The standard Georgia security deed that Fannie Mae and Freddie Mac use gives you this right until five days before the sale. Other loans can use other terms. Find your own security deed and read the part on reinstating. Then ask the lender in writing for the full amount, good through a set date.

Before you send a dollar, call the lender at a number you already had, like the one on an old statement. Confirm where the money goes. Scammers send fake payment notes by email, and they look real.

Loss mitigation: the help form and the 37-day line

If you can't pay it all at once, ask the lender for its help form. Lenders call this loss mitigation. One kind of help is a repayment plan, which adds a bit to each payment until you catch up. Another is a pause in payments, called forbearance. A third is a loan change, called a modification. It can lower the payment or move the missed months to the end of the loan.

Here the date is what counts. Under a federal rule, say the lender gets your complete form more than 37 days before the sale. Then it can't hold the sale until one of three things happens. It turns you down and any appeal is over. You turn down what it offers. Or you take a deal and don't keep it up.

That hold has limits, and they catch people. It covers only your first complete form, unless you caught the loan up at some point since. Small lenders that service 5,000 or fewer loans they made or own do not have to follow it. And a form that comes in 37 days out or less gets no hold at all.

A HUD housing counselor can fill the form out with you and call the lender for you, free. Call 800-569-4287 to find one. If yours is a VA loan, VA also has staff who will work the file with you. Call 877-827-3702 and press 6.

Ask a court to halt the sale

If the lender broke the rules, a lawyer can file a case in the superior court of your county. The lawyer asks for a temporary restraining order, which stops the sale for now. People call this a wrongful foreclosure case. It has to be filed before the first Tuesday.

GeorgiaLegalAid.org names two common claims. The lender never sent written notice of the sale date. Or you sent a complete help form more than 37 days before the sale, and the lender never gave you a decision. A court will want proof. Bring the letters and the envelopes they came in. Bring your copies of what you sent, with the dates.

Legal aid is free for owners with low income. In the five metro counties Atlanta Legal Aid serves, call its Home Defense Program at (770) 817-7538. In the other 154 counties, call Georgia Legal Services Program at 1-833-457-7529.

Chapter 13 bankruptcy

Filing a bankruptcy case puts an automatic stop on the sale. Chapter 13 then lets you pay the missed amount over three to five years. You also have to keep up the new monthly payments. Chapter 7 can pause a sale, but it has no plan to catch up missed payments.

The stop is not automatic for everyone. Say you had a case dismissed in the past year. Then the stop ends after 30 days, unless the judge extends it. With two or more dismissed cases in that year, it does not start at all unless the judge orders it. Tell the lawyer about any past case on the first call.

You also need a credit class from an approved agency in the 180 days before you file. There are a few narrow exceptions. The court fees for Chapter 13 are $235 plus a $75 charge. A judge can let you pay them in parts.

One change this year helps owners with equity. Since July 1, 2026, Georgia protects up to $50,000 of home equity per person in bankruptcy. For a married couple filing together it is $100,000. It was $21,500 per person before.

Sell the house first

You own the house until the gavel falls. So a sale that closes first pays the loan off and leaves you what is left. If you owe more than it is worth, the lender can approve a short sale. Or it can take the house back through a deed in lieu, and no foreclosure sale happens.

Georgia Property Co. buys Georgia houses that have a sale date. We read the sale notice and the security deed on file at the county for free. That gives you the date and the loan amount as recorded. Only your lender can give you the payoff. If a sale to us is the option you choose, we can close before the first Tuesday when the timing allows.

Watch for rescue scams

Once the ad runs, your name and address are public, and strangers start to call. GeorgiaLegalAid.org warns about two tricks. In one, a company takes a fee to get you a loan change, then does little or nothing. In the other, someone offers to lend you the money to catch up. Then they have you sign the house over to them, and sign a lease to rent it back.

Federal rules bar a company that is not a lawyer from charging a fee up front to get you a deal with your lender. HUD counselors and legal aid help for free. Atlanta Legal Aid tells owners to get advice before they sign anything.

Questions people ask

Can I stop a foreclosure the day before the sale?

Sometimes. A first bankruptcy filing stops it the same day. A past case that was dismissed can change that. A sale of the house that closes first also stops it. Catching up usually has to happen at least five days out. A help form that late gets no hold.

Does sending a help form now stop the sale?

Only if three things are true. The lender gets the complete form more than 37 days before the sale. It is your first complete form, or you caught up since the last one. And the lender is not a small one. Inside 37 days, send it anyway and ask. Just do not count on a hold.

Can I stop a foreclosure without a lawyer?

Catching up, a help form, and selling the house do not need one. A court order or a bankruptcy case is hard to get right without one. A HUD counselor is free and can deal with the lender for you.

What if the sale is too close for any of this?

Some rights last past the sale. The new owner has to take you to court to make you leave. And the lender needs a judge's OK to chase any shortfall.

Is the sale always on a Tuesday?

Almost. It is the first Tuesday of the month. If that Tuesday is New Year's Day or the Fourth of July, the sale moves to the Wednesday after.

Where these facts come from

Written by Fitz Hall and checked against these sources on September 25, 2026. This page explains how things work. It is not legal advice.

What date is on your Notice of Sale Under Power?

Type it in with the address. We pull the ad and the security deed on file and call you back with what they show.

Prefer to talk? Call 678-379-6820