Savannah Foreclosure Lawyers

Over 42 Years & 5,000+ Cases Defending Savannah Homeowners

When a mortgage lender starts the foreclosure process, the window to act closes faster than most homeowners realize. Georgia’s non-judicial foreclosure law doesn’t require a court order, which means the timeline from first notice to sale date can move quickly. At Barbara B. Braziel Attorney At Law, we’ve helped homeowners throughout the Savannah area find a path forward for over 42 years and more than 5,000 cases. We know Georgia’s bankruptcy rules, we know the local courts, and we know what it takes to protect a home when time is short.

Free initial consultations are available, and we offer zero-dollar-down services to lower the barrier to getting started. If you’re facing foreclosure, the sooner you speak with a foreclosure defense attorney, the more options you’re likely to have.

Reach out to Barbara B. Braziel at (833) 522-1069 to book a free consultation with one of our Savannah foreclosure attorneys.

How Georgia’s Non-Judicial Foreclosure Process Works

Georgia is a non-judicial foreclosure state under O.C.G.A. §§ 44-14-162 through 44-14-162.4. Unlike states where lenders must file a lawsuit and obtain a court order, Georgia lenders can proceed with foreclosure entirely outside of court. Under federal mortgage servicing rules (12 C.F.R. § 1024.41), servicers generally can’t begin the process until a borrower is more than 120 days delinquent, but once they move forward, the timeline compresses fast.

The lender must send a written notice of intent to foreclose at least 30 days before the scheduled sale and advertise the sale in the county’s official newspaper for four consecutive weeks. Foreclosure sales take place on the first Tuesday of each month at the county courthouse. Georgia does not provide a post-sale right of redemption in non-judicial foreclosures. Once the sale is complete, the homeowner generally can’t reclaim the property. That’s why reaching out to a foreclosure defense lawyer in Savannah before that sale date matters so much.

The Savannah Division of the U.S. Bankruptcy Court for the Southern District of Georgia serves Chatham, Bryan, Effingham, and Liberty counties. A bankruptcy petition filed in this court can stop a foreclosure sale that is already scheduled.

Alternatives to Foreclosure Worth Considering

Bankruptcy isn’t the only option, and it isn’t always the right first step. Our attorneys can help homeowners evaluate and pursue alternatives depending on their financial situation and goals.

Four paths our team can help you explore:

• Loan modification: The lender agrees to change the mortgage terms, such as the interest rate or repayment period, to bring monthly payments within reach.
• Short sale: The property is sold for less than the mortgage balance with lender approval; the remaining debt may be forgiven, though this affects credit and may have tax implications.
• Deed in lieu of foreclosure: The homeowner voluntarily transfers the property title to the lender to satisfy the debt and avoid a formal foreclosure on their record.
• Forbearance agreement: The lender temporarily reduces or pauses payments to give the borrower time to recover from a financial hardship.

Each of these carries distinct credit, tax, and eligibility implications. The right choice depends on how much equity is in the home, the current mortgage balance, and the homeowner’s longer-term financial picture. We take time to understand your specific situation before discussing a direction.

How Filing for Bankruptcy Stops a Foreclosure Sale

As soon as a bankruptcy petition is filed, the automatic stay takes effect. This provision of the U.S. Bankruptcy Code requires all collection activity against the debtor to stop immediately. This includes foreclosure proceedings, phone calls, letters, and statements from creditors. In Georgia, a bankruptcy petition can be filed up until the day of the foreclosure sale to trigger the automatic stay and halt the sale.

The stay applies in both Chapter 7 and Chapter 13 cases, but the protection it provides works differently in each. In a Chapter 7 case, the stay is temporary. It stops the sale, but it doesn’t give the homeowner a way to repay mortgage arrears, the missed payments that triggered the foreclosure in the first place. If those arrears aren’t addressed, a lender can petition the bankruptcy court to lift the stay and resume foreclosure. Chapter 13 provides a structured way to address that problem.

Chapter 13 Bankruptcy: Catching Up on Arrears & Keeping Your Home

Chapter 13 bankruptcy creates a three-to-five-year repayment plan that can include missed mortgage payments accrued before the filing date. Under this structure, mortgage arrears are folded into an affordable monthly payment managed through the plan, allowing the homeowner to catch up over time while keeping the property. Only payments missed before filing can be included; payments missed after the filing date must be made separately and on time.

In some cases, Chapter 13 also allows a homeowner to lien strip a junior mortgage or home equity line of credit. Lien stripping removes a second lien from the property when the home’s current market value is less than what is owed on the first mortgage, treating the junior lien as unsecured debt in the repayment plan instead. A bankruptcy trustee appointed by the court receives the plan payments and distributes them to creditors, including the mortgage lender. Throughout and after the plan, the homeowner must continue making regular monthly mortgage payments.

Georgia’s Homestead Exemption & What It Means for Your Home Equity

Georgia’s homestead exemption under O.C.G.A. § 44-13-100(a)(1) determines how much home equity a bankruptcy filer can protect. Effective July 1, 2026, Governor Brian Kemp signed HB 1024, raising the exemption to $50,000 for individual filers and $100,000 when the title is held in the name of one of two spouses who is the debtor.

Equity is calculated by subtracting the total mortgage balance from the current fair market value of the property. If a homeowner’s equity falls within the exemption limit, that equity can be protected through bankruptcy. Homeowners whose equity exceeds the limit should discuss Chapter 13 options with an attorney, as a repayment plan structure may still allow the home to be retained. One important note: Georgia doesn’t permit filers to use federal bankruptcy exemptions. Only Georgia’s state exemptions apply.

Why Savannah Homeowners Work with Barbara B. Braziel Attorney At Law

We’ve practiced bankruptcy law in Savannah and the surrounding counties for over four decades, handling more than 5,000 cases across a wide range of financial situations. That volume of local court experience, including deep familiarity with the U.S. Bankruptcy Court for the Southern District of Georgia and Georgia-specific rules, can affect what options may be available to a homeowner facing the loss of their home.

Our Team

Our team includes Barbara B. Braziel, James B. Wessinger III, Jeanette Prewitt, and Jennifer Jackson. Attorney Braziel’s approach to this work is shaped in part by her own experience navigating financial hardship as a single mother, and that personal understanding runs through how our entire firm treats clients. We don’t judge. We listen, and we work to find the path that fits your situation, not a template solution.

Credentials & Accessibility

We hold active membership in the National Association of Consumer Bankruptcy Attorneys (NACBA) and the National Association of Chapter 13 Trustees (NACTT), both of which keep our team current on changes in bankruptcy law and strategy. You’ll work directly with an attorney throughout your case and won’t be handed off to a paralegal. We have offices in both Savannah and Pooler, with virtual consultations also available, and we serve homeowners throughout Savannah and the surrounding areas. Our free initial consultations give you a clear picture of your options before any commitment is made.

Contact Barbara B. Braziel Attorney At Law today to schedule a free consultation with a foreclosure defense attorney in Savannah.