Mortgage foreclosure defense is a critically important service for individuals facing the threat of losing their real estate due to loan default. When a borrower breaches the contract terms, the creditor (bank or private lender) initiates enforcement proceedings, which may end with the property being sold at auction and eviction. However, the enforcement process is strictly regulated by law, and the borrower possesses rights that can be used to stop, delay, or settle the dispute. Timely involvement of a qualified lawyer is often the only way to save a family home.
What does this service cover?
Foreclosure defense involves a complex approach and includes:
- Case File Review: Detailed analysis of the ongoing case at the National Bureau of Enforcement or in court, identifying procedural violations.
- Stopping the Auction: Filing a motion or lawsuit in court to suspend the auction if notification rules were violated or the debt amount is disputed.
- Negotiation with Creditor: Proposing a restructuring plan, recalculating the debt, or obtaining a grace period for the voluntary sale of the property (which is more profitable than a forced auction).
- Eviction Management: Monitoring the legality of actions by the police and the Enforcement Bureau, utilizing legal grounds to postpone eviction.
- Lifting of Seizure: Demanding the cancellation of a seizure if it was imposed illegally or in an inadequate amount.
Common Real-World Scenarios
Foreclosure defense is particularly relevant in the following cases:
- Lack of Notification: A person learns that their house is up for auction, yet they received no prior warning. This is a procedural violation that can be grounds for canceling the auction.
- Usury: A private lender demands more money than allowed by law (e.g., excessive penalties). A lawyer can reduce the claimed amount through the court.
- Vulnerable Status: The household includes minor children or persons with disabilities. A lawyer uses this circumstance to delay the eviction process as much as possible or until alternative housing is found.
- Contesting Auction Results: The property was sold far below market value under suspicious circumstances.
Georgian Legal Framework
The enforcement process is regulated by the Law of Georgia on Enforcement Proceedings, which defines the rules for conducting auctions, property valuation, and eviction. Also important are the Civil Code of Georgia and the Civil Procedure Code, which protect the debtor from unscrupulous creditors. With recent amendments, regulations regarding police involvement limit the police's authority to evict without a court order in certain contexts, providing additional safeguards for the debtor.
Process: How does a specialist work?
The process begins with immediate reaction. As soon as the client receives a notification about the start of enforcement, the lawyer contacts the Enforcement Bureau to review the case files. If an auction is scheduled, the lawyer urgently prepares a lawsuit and a motion to the court requesting the suspension of the process (interim measure). Simultaneously, active negotiations with the creditor take place. The lawyer's goal is to gain time and find the least painful solution for the client — whether it be debt rescheduling or obtaining the right to sell the property at market price.
Why Legal.ge?
Mortgage disputes and enforcement processes are associated with high stress. On Legal.ge, you will find lawyers who specialize specifically in crisis situations and have real experience in stopping auctions and preventing evictions. Specialists selected through our platform will act swiftly and professionally to protect your family's living environment. Do not wait until the last minute; find a defender on Legal.ge today.
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