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To: RobRoy

The Atlanta Journal-Constitution (AJC) version of this sob story ran several months ago in a 5 part series which questioned Georgia's foreclosure statutes. Georgia's law on residential foreclosure is know as "non-judicial" foreclosure in that no trip to the courts is necessary to foreclose. The legally prescribed process is a series of steps which, in theory could be completed in as little as 40 days. What the AJC didn't mention is that the 40 day period does not typically begin until a debtor is at least 4 months behind in mortgage payments. Most lenders have no desire to hold real-estate acquired by foreclosure, since they typically lose money in the liquidation process. So, they tend to work with debtors as much as possible to restructure the debt, move payments to the end of the loan term, etc. - anything to avoid classifying the loan as non-performing or written off as in the foreclosure process.


19 posted on 12/04/2006 2:15:00 PM PST by Wally_Kalbacken
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To: Wally_Kalbacken
Either the lender will refinance the loan by converting it to fixed or if nothing can be done to save it, working with the buyer to arrange a short sale. They don't want people to walk away from the mortgage, which is the typical foreclosure result.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

34 posted on 12/04/2006 2:27:42 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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