Georgia Foreclosure Specialist

I recently moved to Georgia. I found a house I liked through a real estate company. Less than a month after moving in the owner of the property died. Her daughter has been caring for the home. September 1, I paid my monthly rent. A letter came from the mortgage company stating that the rate was being adjusted. So just out of curiosity I called the mortgage company to see if the house was in foreclosure. I was told that they could not give out that information. I explained my situation to them and they gave me the same answer. What am I to do. Of course the landlord is not going to tell me if the house is in foreclosure. Can anyone tell me where I can find out if the mortgage is current?

All foreclosures must be at the Recorders Office in the county you reside in. Free to you. You search under the owner’s name, not the address.
If the house was in foreclosure, the bank would have talked to you. They would offer you "Cash for Keys" if you agreed to drop off the keys and to keep the place clean. If the house gets vandalized during the transition, the bank loses $20,000.

If you file ch 7 or 13 to stop a foreclosure sale, can you stop the bankruptcy petition at a later date if for example the repayment is not feasible, and still just delay the sale of the property (primary residence)? Also, if you do file and own half of another property in another state (FL) equally with another relative and it is your father’s life estate (not ownership), will that property be affected at any time by the bankruptcy filing (the other house is worth quite a bit)? Thanks

Capture 13 allows you to reorganize your bills.

I dont have the money they are seeking up front cause there was a lapse in our employment but we are now going to be okay but dont have thousands of dollars to give them but are willing of course to resume payments but I think its to late ?I dont want to lose the house. I live in GA . Are there any other options I might have ? I dont want to pay a loan mod company a whole bunch of money for this but I need to move kinda quickly. Im not in foreclosure yet but any day now. Any advice ?

Roby is a con man, do not call him, you will be screwed.

Call your lender, ask them about the modification, you do not need a third party to be involved.

Depending on your present income they will likely modify your monthly amount and just let you start again.

http://www.timeswatch.org/default.aspx
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The New York Times wrongly accuses President Bush and his Administration of disregarding signs of danger from Government Sponsored Enterprises (GSEs) and ignores the President’s prime time address to the Nation where he laid out in detail all of the causes of the housing and financial crises, arguing that "as early as 2006, top advisers to Mr. Bush dismissed warnings from people inside and outside the White House that housing prices were inflated and that a foreclosure crisis was looming." (Jo Becker, Sheryl Gay Stolberg, Stephen Labaton, "White House Philosophy Stoked On Mortgage Bonfire," New York Times, 12/21/08)

The New York Times completely ignores the fact that while the Administration was pushing for more transparent lending rules and reining in Fannie Mae and Freddie Mac, Congress had for years blocked attempts at stronger regulation and blocked reform of the Federal Housing Administration.

* House Financial Services Committee Chairman Barney Frank (D-MA) criticized the President’s warning saying: "these two entities – Fannie Mae and Freddie Mac – are not facing any kind of financial crisis … The more people exaggerate these problems, the more pressure there is on these companies, the less we will see in terms of affordable housing." (Stephen Labaton, "New Agency Proposed To Oversee Freddie Mac And Fannie Mae," New York Times, 9/11/03)
* Senate Committee on Banking, Housing and Urban Affairs Chairman Christopher Dodd also ignored the President’s warnings and called on him to "immediately reconsider his ill-advised" position. (Eric Dash, "Fannie Mae’s Offer To Help Ease Credit Squeeze Is Rejected, As Critics Complain Of Opportunism," New York Times, 8/11/07)

Over the past six years, the President and his Administration have not only warned of the systemic consequences of failure to reform GSEs but also put forward thoughtful plans to reduce the risk that either Fannie Mae or Freddie Mac would encounter such difficulties. President Bush publicly called for GSE reform at least 17 times in 2008 alone before Congress acted. Unfortunately, these warnings went unheeded, as the President’s repeated attempts to reform the supervision of these entities were thwarted by the legislative maneuvering of those who emphatically denied there were problems. Many prominent Democrats, including House Finance Chairman Barney Frank, opposed any legislation correcting the risks posed by GSEs.
2.

The New York Times notes the political contributions of some banks to Republicans, saying "in the 2004 election cycle, mortgage bankers and brokers poured nearly $847,000 into Mr. Bush’s re-election campaign, more than triple their contributions in 2000, according to the nonpartisan Center for Responsive Politics."

The article neglects to acknowledge that political contributions from Fannie Mae and Freddie Mac overwhelmingly supported Democratic officials – in particular members of Democratic leadership:
* Since 1989, Senator Chris Dodd (D-CT) has received $165,400 from Fannie Mae and Freddie Mac. (Lindsay Renick Mayer, "Fannie Mae And Freddie Mac Invest In Lawmakers," Center For Responsive Politics’ "Capital Eye" Blog, www.opensecrets.org, 9/11/08)
* Since 1989, Senate Majority Leader Harry Reid (D-NV) has received $77,000 from Fannie Mae and Freddie Mac. (Lindsay Renick Mayer, "Fannie Mae And Freddie Mac Invest In Lawmakers," Center For Responsive Politics’ "Capital Eye" Blog, www.opensecrets.org, 9/11/08)
* Since 1989, House Speaker Nancy Pelosi has received $56,250 from Fannie Mae and Freddie Mac. (Lindsay Renick Mayer, "Fannie Mae And Freddie Mac Invest In Lawmakers," Center For Responsive Politics’ "Capital Eye" Blog, www.opensecrets.org, 9/11/08)

3.

The New York Times wrongly accuses the President of encouraging reckless lending in order to expand the Republican base: "For Mr. Bush, it was part of his vision of an "ownership society," in which Americans would rely less on the government for health care, retirement and shelter. It was also good politics, a way to court black and Hispanic voters."

The facts show that, throughout his eight years, the President was actually encouraging careful and wise lending and emphasized the obligations and responsibilities that come with homeownership. "We’ve got to be wise about how we deal with the closing documents and all the regulations, but also wise about how we help people understand what it means to own their home and the obligations and the opportunities." (President George W. Bush, Remarks On Homeownership, Atlanta, GA, 6/17/02)

# # #

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No reasonable person believes the new york times anymore

The House is in my wifes name and we are facing foreclosure..they have set a date of nov. 6th in georgia. what can we do to save the house. we supposedly had been approved for a loan modification…and now they are saying the loan negtiator is making the decision…meanwhile the date is coming. we hired a stop foreclosure place..paid them 700 and still are facing the same thing..we can’t reach this person at lender as they say it’s all up to her if we can modify our loan or not…do what can we do now…we want to keep home…don’t really want bankruptcy….it’s like if we can get this phantom person to say yea or nea…that would at least help. What do u think we can do?

This really caught my eye, I was in this place at one time, GOD bless, he knows what he is doing, Pray, let him do the rest, trust that whatever happens happens for a reason, he may have a better door for you to open, just as he did for me after I lost my house. I miss my house, but love what GOD has done and is doing for me, PRAY and TRUST, may not be what you want to hear, but he controls all things for the good and the bad. GOOD LUCK

Been in house 18+ years. Got divorced a few yrs ago, have primary custody of 2 teens. Ex was paying child support monthly but job was outsourced and will end next week, therefore, no child support until new job found and with this market who knows when that will be. I’m not behind on mortgage paymts YET but will be very soon. Getting harder and harder to maintain expenses. Savings now depleted. Countrywide won’t help because I’m "current on my payments". Also, couldn’t refi because home value has fell $30,000 so I’m upside down in value. House needs repair (air conditioner, paint, new patio, new garage doors, etc.). I’ve always been responsible with bills and feel very bad about considering foreclosure. Also, son will graduate next school yr and we now have to consider college expenses. I’ve done my research and know my credit will take a hit but I’m tired of fighting and don’t know what else to do. If anyone has foreclosed, esp. in Georgia, pls share your story. Thanks.

GR,

You’re wise to try to deal with this sooner rather than later, after you get behind on payments.

There’s a terrific article at eHow on steps you can take to avoid foreclosure:

http://www.ehow.com/how_2256426_foreclosure-middle-subprime-housing-crisis.html

How to Avoid Foreclosure During the Subprime Crisis

Read through it carefully, follow the steps outlined, and make full use of the Resource links provided.

You may also want to have a look at this one, on ways to earn some extra cash

http://www.ehow.com/how_2254361_money-internet.html

How to make money on the internet, scam-free

Hope that helps. Best of luck.

LAKE CITY, Ga. – More than 1,800 people showed up to help ABC’s "Extreme Makeover" team demolish a family’s decrepit home and replace it with a sparkling, four-bedroom mini-mansion in 2005.

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Three years later, the reality TV show’s most ambitious project at the time has become the latest victim of the foreclosure crisis.

After the Harper family used the two-story home as collateral for a $450,000 loan, it’s set to go to auction on the steps of the Clayton County Courthouse Aug. 5. The couple did not return phone calls Monday, but told WSB-TV they received the loan for a construction business that failed.

The house was built in January 2005, after Atlanta-based Beazer Homes USA and ABC’s "Extreme Makeover" demolished their old home and its faulty septic system. Within six days, construction crews and hoards of volunteers had completed work on the largest home that the television program had yet built.

The finished product was a four-bedroom house with decorative rock walls and a three-car garage that towered over ranch and split-level homes in their Clayton County neighborhood. The home’s door opened into a lobby that featured four fireplaces, a solarium, a music room and a plush new office.

Materials and labor were donated for the home, which would have cost about $450,000 to build. Beazer Homes’ employees and company partners also raised $250,000 in contributions for the family, including scholarships for the couple’s three children and a home maintenance fund.

ABC said in a statement that it advises each family to consult a financial planner after they get their new home. "Ultimately, financial matters are personal, and we work to respect the privacy of the families," the network said.

Some of the volunteers who helped build the home were less than thrilled about the family’s financial decisions.

"It’s aggravating. It just makes you mad. You do that much work, and they just squander it," Lake City Mayor Willie Oswalt, who helped vault a massive beam into place in the Harper’s living room, told The Atlanta Journal-Constitution.

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That is so horrible. That is what happens sometimes when you try to be nice to people. They take advantage of it. They should not have done that. People worked hard for them to get that. I hope they learned their lesson. (the people who owned the house)

We rented our townhouse in March of 2008. 6 months after moving in we received a letter on the door for the owner (we are in GA, he is somewhere in CA) that he owes $1005 for HOA fees. The HOA yearly fees are only $250 a year! Our contract specifically states he is responsible for HOA fees, which gives us access to the amenities, such as the pool. The year, the HOA decided to de-activate anyone’s pool key, who was behind on HOA fees. I contacted our leasing agent on 5/13/09, when we found out our key was de-activated. She’s been telling me for weeks that it appears the owner of the home hasn’t paid his HOA fees in a few years and has breached his contract with us and the leasing company. (We also get his mortgage company knocking on our door and taking pictures of the house, threatening foreclosure, every few months for the last year and a half!) So now the pool has been open for almost a month, and only TODAY were we finally told that he is making payments to the HOA and the key will not be reactivated until at least mid to late July.
We are currently considering purchasing a home. I’ve spoken with an attorney on JustAnswers, who said we have a right to leave w/o notice, because the owner has breached contract and even taking us to court wouldn’t do him any good. I have all the emails to and from the leasing company saved. I just really want some input by anyone who knows the laws governing rental contracts in GA or someone who’s been through this or something similar themselves.
Our lease says we have to pay a full months rent to break our lease. We paid a full months rent dep to move in. If we had breached the contract, he could evict us, but if he breaches, we couldn’t leave early? Even the leasing co said they were thinking about breaking their contract with him because he’d breached it and they were a party to it. The leasing agent did say ours is the cleanest rental she’s ever seen, so at least he’ll have that when we leave. I don’t understand why he can breach the lease, on something that is literally spelled out in a paragraph, without facing repercussions from us……

Wow, my daughter was in nearly the same exact situation a year ago. They were trying to tell her that she had to pay her rent to them because he was behind in his dues. Then a process server served some court papers one night, at night when it was dark, and told her she had better comply with the papers. She called me all upset over the entire mess. I told her to move. I told her to not pay attention to them, to not pay anyone other than the person she was renting from. I told her that only he could evict her, not them. That the problem was between him and them, not her. Well, she moved, she got her deposit back and they took him to court. I don’t know what happened after that, since she moved. So yes, legally, you should be able to break your lease with no repercussions. The problem is between him and them. It should not be involving you in any way, shape or form. Send both of them a letter in writing of your intent to vacate along with the reason why. Also inform them you expect to receive your deposit in full upon vacating and leaving the premises in rent ready condition. Good luck.

One more thing, call your local Attorney Generals Office on Monday. Tell them you need to speak to someone about landlord tenant laws.

Info related to Georgia and Ohio only please.

Foreclosure law is under both state and Federal law. In Georgia a lender is required to issue a "Notice of Default" and is usually delivered after missing your second scheduled payment. This will be "Certified" mail. You must open a read immediately because the lender has issued a number of days for a response of your intentions. Regardless of what they may be answer in this time frame "Certified Mail", return receipt requested. You may also at this time offer an arbitration period between you and the lender and is usually a 90 day period for you to make agreed payments.

If there is no solution acceptable to you, after the third missed payment an attorney representing the lender will notify you the home is going into "Foreclosure" and you must move immediately. If you wish to voluntarily foreclose you, with the lenders approval, can do a "Deed In Lieu of Foreclosure", as soon as you sign this document the lender owns it.

Good Luck in life.

I live in Savannah, Georgia and I need to break lease.

For the past three months I’ve been in Switzerland on an internship, and while I was gone my room mate called to tell me that things were going downhill.

Turns out the property has been foreclosed and the landlord knew about it for well over two months but said nothing, and continued to collect rent from us. When the bank finally sent us a letter on October 8th notifying us, our landlord still denied what was happening. In the meantime, we began having electrical problems and when someone came to check our electrical box, they discovered the wires had been connected wrong by the owner, which just so happened at the same time as the foreclosure. Now we owe the power company over $700 because somehow the wires were connected wrong. There are four apartments in the house, two of which are being rented, the other two renovated, and the girls upstairs were slapped with a bill of the same enormity. Additionally, the workmen renovated the other two apartments in the heat of the Georgia summer, with the doors open and the AC on, using power tools, yet WE are the ones who have an unexplainable bill.

There have also been numerous leaks from the upstairs bathroom which dripped down into our apartment, the dishwasher has backed up and partially flooded the kitchen floor because the tubing was cut too short, and now our heating does not work.

The bank has not sent us any new lease papers that I know of, and someone who was interested in buying the house called the bank, only to be told the house had already sold again. When we called and asked about it they denied this.

What is going on? I want out of this lease now, but I have no desire to pay additional penalty money, especially after everything that has happened. The landlord was also having the maintenance crew connect to our water supply to water the garden, and we were never reimbursed for that. Now what? Is it possible for me to move out on short notice, such as a week’s time? I don’t believe the last landlord or the bank is abiding by proper Georgia Landlord/Tenant laws.

Type up a letter to the landlord stating that you are providing 30 days notice and you will be vacating right away because of the conditions. Take pictures of the damage and things that were never repaired. Write down all the times you called the landlord to inform that something needed to be repaired. For example:
Dec 12 – talked to John and advised dishwasher needs repair. He said it would be repaired next week
Dec 20 – called John back and he did not answer. They never repaired the dishwasher
etc…

Contact the Housing Authority and file a complaint right away. Bring all the paperwork from the bank and your pictures of the damages, as well as the letter that you sent the landlord.

And most importantly move out as soon as you possibly can. If the conditions are really that bad, you should move out right away but you will need to pay the last months rent. Remember you still have to provide 30 days notice.

If the house is foreclosed on, you can’t be expected to vacate if you are a tenant. They will have to file eviction paperwork against you to get you out.

Good luck!