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Georgia Loan Modification Laws
Georgia Loan Modification Laws
Georgia
Loan Modification Laws
On May 13, 2008 Governor Sonny Perdue
signed into law Senate Bill 531. The bill increases the notice to a
homeowner before a lender can foreclose.
SB 531 lengthens the notice period from 15 days to at least 30 days prior to
the scheduled foreclosure sale.
SB 531 also requires that the certified letter giving the homeowner notice
of the foreclosure sale include the name, address, and telephone number of
the “individual or entity who shall have full authority to negotiate, amend,
and modify all terms of the mortgage with the debtor.” This provision of the
bill is important because when homeowners are negotiating with their
servicers, they often do not know what entity actually owns their loan.
Sometimes a servicer will refuse to offer the homeowner a loan modification
or other workout, claiming that they lack authority to do so. If the
homeowner wants to reach the company that ultimately has the authority to
accept any workout agreement, or if the homeowner wants to pursue a legal
claim related to their mortgage loan, he or she needs to know the identity
of the current holder of the mortgage loan. This bill requires that identity
to be disclosed.
Lastly, SB 531 requires that the current holder of the mortgage loan record
the assignment of the security deed, which shows the present owner of the
mortgage loan, in the public deed records before conducting the foreclosure
sale.
'Mortgage loan originator' means an individual who for compensation or gain
or in the expectation of compensation or gain takes a residential mortgage
loan application or offers or negotiates terms of a residential mortgage
loan. Generally, this does not include an individual engaged solely as a
loan processor or underwriter except as otherwise provided in paragraph (5)
of subsection (a) of Code Section 7-1-1002; a person or entity that only
performs real estate brokerage activities and is licensed or registered in
accordance with Georgia law unless the person or entity is compensated by a
mortgage lender, mortgage broker, or other mortgage loan originator or by
any agent of such mortgage lender, mortgage broker, or other mortgage loan
originator; and does not
include a person or entity solely involved in extensions of credit relating
to time-share plans, as that term is defined in 11 U.S.C. Section 101(53D).
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