Legal Question in Real Estate Law in Georgia

How long can a mortgage company take to foreclose on a property?

I made my last payment on my home in July 2008 and moved out November 2008 because of pending foreclosure. I received a tax statement from my local tax office demanding I pay property tax or the house will be put up for a tax sale. I was very surprised to find out my name was still on the property after 20 MONTHS of non-payment! I don�t want the property. I called the mortgage company (EMC Mortgage) and they are giving me the run around plus they said my account is still active. How do I get my name off this property? How can a mortgage company take to foreclose on property?


Asked on 4/06/10, 5:51 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

They don't have to foreclose at all, and if they choose to do so, it is basically on their schedule not yours. Walking away from one obligation does not get you out of other obligations.

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Answered on 4/11/10, 6:01 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Read your paperwork. They can foreclose whenever they choose, or can decide not to. And they can also sue you for all the money and never foreclose, and do garnishments. In the meantime, you must pay the taxes.

You need to get a bankruptcy lawyer if you want to wipe out the debts.

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Answered on 4/11/10, 6:57 am


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