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Waiver of Borrower's Rights-Voidable Mortgage in Georgia?

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Hello folks and thank you for tuning in to another episode of the ADR-NOW! Internet Radio Webinar.  I am your host, Anthony Johnson.

In this Foreclosure Dispute Resolution Webinar, we will talk about the "Waiver of Borrower's Rights" provision in Georgia Real Estate conveyance contract, and how that waiver may have been a violation of a homeonwer's constitutional rights.  A forecloure in Georgia is a non-judicial process and all homeowners who borrow funds to purchase real property are required by their lender to sign a "Waiver of Borrower's Rights."  This waiver provision gives the lender the right to enforce their secured interest in the property by non-juidical foreclosure, if the homeowner does not abide by the terms and conditions of the Promissory Note (or Security Deed). 

However, the waiver of borrower's rights provision may violate certain constitutional protections if the waiver was not knowingly, willingly, and intentionally made.  A Closing Attorney must attest that a borrower had knowingly, intentionally, and willingly executed such form, and if not, the mortgage is void, ab initio.

For more information on this topic for Georgia homeowners, contact A. Johnson & Associates, LLC, 888-502-0586 or www.adr-now.com.

DISCLAIMER: We are not attorneys.  We are not engaged in rendering legal advice.  If legal advice is required, the assistance of a competent, qualified legal professional should be obtained.