Q: An AJC story about the foreclosure of a Union City mall said it was “scheduled for foreclosure on the Fulton County courthouse steps.” Does this event literally take place on the courthouse steps?
—Grant Glassbrook, Atlanta
A: Georgia is one of many states that allow private power of sale foreclosures if the mortgage documents provide for it, Randy Beck, the Justice Thomas O. Marshall Chair of Constitutional Law at the University of Georgia School of Law, told Q&A on the News. This is an alternative to judicially supervised foreclosures and allows the lender to conduct a foreclosure sale if the borrower defaults, he wrote in an e-mail. "These private foreclosure sales typically do take place outside the courthouse, traditionally on the courthouse steps, though I think they would be equally valid on level ground," he wrote. "The point is to have a central location for such sales so potential buyers know where to show up to purchase foreclosure properties." Lenders like the power of sale foreclosure because it is more efficient and less expensive than a judicially supervised foreclosure, he wrote. "By pursuing this alternative, the lender may lose the option of seeking a deficiency judgment against the lender if the sale fails to bring in sufficient funds to cover the outstanding debt," he said.
Lori Johnston wrote this column. Do you have a question about the news? We’ll try to get the answer. Call 404-222-2002 or e-mail q&a@ajc.com (include name, phone and city).
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