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Georgia foreclosure is primarily:

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Question & Answer

Review the question and all answer choices

A

Judicial

Judicial foreclosure requires the lender to file a lawsuit and obtain a court judgment before selling the property, which is the primary method in states like Florida and New York β€” not Georgia. While Georgia does allow judicial foreclosure in rare circumstances, it is not the primary or default method used by lenders.

B

Non-judicial (power of sale)

Correct Answer
C

Strict foreclosure

Strict foreclosure is an archaic remedy in which the lender simply takes title to the property upon default with no public sale, and it is not recognized as a standard foreclosure method in Georgia or most modern U.S. states. It was largely abolished because it gave lenders a windfall and provided no opportunity for junior lienholders or the borrower to recover any equity.

D

Both judicial and non-judicial equally

Georgia does not use both methods equally β€” non-judicial foreclosure is overwhelmingly the dominant method because Georgia security deeds routinely include power of sale clauses. Saying they are used equally misrepresents Georgia's strongly lender-friendly foreclosure framework.

Why is this correct?

Option B is correct. Georgia primarily uses non-judicial foreclosure under a power of sale in the security deed. Lenders typically foreclose by following statutory notice and advertisement requirements rather than filing a judicial foreclosure action.

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