Will Addo

As in most states, the basis for evicting a tenant in Georgia include:

• Non-payment of rent,
• Failure to surrender the premises at the end of the lease term, or
• Breach of the lease, including any rules that are part of the lease, if the lease provides such breach entitles the landlord to terminate the lease.

The Georgia Eviction Process

Before contacting the court to initiate eviction proceedings, the landlord should read the lease and be familiar with its provisions and comply with its terms regarding notice and termination. Once the terms of the lease have been followed, Georgia law requires a landlord to go through court to remove a tenant.

First, before going to court, the landlord must demand that the tenant immediately give up possession and vacate.

Georgia law requires a foreclosing lender to go through a judicial proceeding to remove a tenant unless the property is abandoned. To be considered abandoned, there must be no persons or personal affects on the property. Thus, even if the property is uninhabited, the presence of a few personal articles or possessions left behind, is enough to necessitate an eviction proceeding in Georgia.

Virtually all Deeds to Secure Debt or Security Deeds in Georgia contain a provision that makes a borrower (mortgagor) remaining in the property after a foreclosure sale a "tenant at sufferance". As such, the lender may make immediate demand for possession of the property. This demand is best made in writing, by certified or registered mail. Shortly thereafter, an Affidavit of Summons of Dispossessory is filed, usually with the magistrate court in the county in which the property is located. The affidavit states the names of the parties, the grounds for the eviction, verifies that possession of the property and has been demanded, etc. The magistrate court will issue a summons to the sheriff where the property is located. The summons can be served by personal delivery to the tenant, to another adult residing at the residence, or, if no one is home when the sheriff attempts service, by tacking it to the door and sending a copy by first class mail to the property address. Note that by employing "tack and mail" service you can remove the tenant from possession but you may jeopardize your right to get a money judgment against the tenant.

The summons requires the tenant to answer, either orally or in writing, within seven (7) days from the date that the summons is served. The last date for which an answer may be filed is customarily listed on the summons. If the tenant fails to answer, a writ of possession is issued instanter and delivered to the Sheriff within a matter of a few days. Upon receipt of the writ of possession, the sheriff will schedule a date and time for remove the tenant and his/her possessions from the property. Removal times vary by county and can range from a week to a few months. Although the Sheriff will be present to keep the peace at that time of removal, the lender must provide the labor for removal of the tenant's possessions. The tenant's possessions are typically taken to the curb in the front of the property and must remain there for 48 hours. Beyond this time, the possessions may be disposed of by the lender as it deems necessary.

If the tenant answers the summons, a trial of the issues will ensue within about two (2) weeks in most jurisdictions. The tenant can remain in possession of the premises while the matter is being litigated. The tenant may not raise issues regarding the validity of the foreclosure sale at the hearing. Should the Court rule against the tenant, he/she have seven (7) days to move. A judgment in a dispossessory case must be appealed within seven (7) days from the date the judgment is entered by the court.

REO managers face growing concerns over soaring foreclosure rates well over 50% that of last year. Due to the abundance of projected foreclosures, REO managers need to focus on volume management. The rising foreclosure market will result in deflated home prices, increased hold times and lower funds recaptured to the institution. However, the increased volume gives the REO manager more purchasing power allowing them to mitigate costs, as well as, cap cost overruns.

REO Asset Solutions(RAS), out of Atlanta, Georgia, is targeting those REO Managers with growing inventories overwhelmed dealing with vendors, subcontractors, all of which drive servicing costs affecting the bottom line. RAS has successfully demonstrated how volume pricing on field services can cut costs by close to 50%!

Moreover, increased acquisition volume has allowed RAS to absorb losses, which gives the Lender or owner the ability to budget, as well as, put a ceiling on their field costs. RAS offers flat rate pricing on all field service items enabling discount pricing through volume enabling the Lender to focus on marketing the property and leaving the dirty work to RAS. Liability issues are also deferred as RAS provides the comprehensive coverage.

Ultimately volume dictates the fee, but savings are guaranteed.

Cities With High Foreclosure Volume