eDiscovery Nuts and Bolts for Non-Judicial Foreclosures (Georgia)

Non-judicial foreclosures are an enigma.  Most homeowners living in non-judicial foreclosure states are ignorant to the non-judicial process.  In a non-judicial foreclosure, there is no court process.  A Notice of Lis Pendens or suit in foreclosure will not be filed.  Homeowners will receive a "Notice of Default" (NOD) in the mail, then, subsequently, a "Notice of Sale" (NOS) illuminating that the property will be sold on the first Tuesday on the following month (in Georgia...other non-judicial states' procedures will vary).

That's it and that's all!  Once that happens, your property WILL BE SOLD at a foreclosure auction. 

To stop the process, there is a method of execution that we have perfected for non-judicial foreclosure states:

1. Respond to intial FDCPA communication from foreclosure attorney.

2. Issue a "Legal Hold" or "Litigation Hold" notice to foreclosure attorney.

3. File a RESPA request with servicer.

4. Check county records office to be sure that presumptive owner has recorded and filed any ASSIGNMENT at recorders office. (If ASSIGNMENT is not reflected in public records, party seeking to foreclosure will have no authority to do so).

4. If mortgage is being held in a securitized trust, request PSA, FWP, trust creation documents for Closing and Cut-Off Date(s).

5. Request loan mod paperwork from servicer.

6. File Civil Action in federal court requesting a TRO.

7. Institute eDiscovery Project Management during discovery process.

For daily Webinars on ediscovery for foreclosure resolution and other topics, visit www.ediscoverynow.net to view our upcoming events.  Send me an email at ajohnson@ediscoverynow.net for more infomation.