A Georgia borrower files a complete loss mitigation application on 3 May 2026 and the servicer starts foreclosure the same week. Assuming the complete application is protected by the applicable loss-mitigation rule, may foreclosure begin while it is pending?
Correct Answer
B) Prohibited dual tracking while a complete application is still pending
A servicer may not commence a foreclosure process while a borrower complete loss mitigation application is pending, which is the practice the rule names as dual tracking. Other choices: the separate tracks description is the practice rather than a defense; telling the borrower does not license it; and the outcome of the application does not decide it. Source: Ga. Comp. R. & Regs. 80-11-6-.02(2)(c)
Why This Is the Correct Answer
A servicer may not commence a foreclosure process while a borrower complete loss mitigation application is pending, which is the practice the rule names as dual tracking. Other choices: the separate tracks description is the practice rather than a defense; telling the borrower does not license it; and the outcome of the application does not decide it. Source: Ga. Comp. R. & Regs. 80-11-6-.02(2)(c)
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