Cobb County Wrongful Foreclosure Attorney
Georgia’s non-judicial foreclosure process is one of the fastest in the country. A lender can move from notice to sale in as little as 30 days, and Cobb County homeowners often find themselves scrambling once the process starts. But speed does not mean the process is always done correctly, and when a lender violates the terms of your loan, fails to follow Georgia’s strict statutory requirements, or pursues a sale based on inaccurate figures, you may have a wrongful foreclosure claim worth pursuing. A Cobb County wrongful foreclosure attorney can step in, examine exactly what the lender did, and determine whether you have grounds to stop the sale, recover damages, or both.
Wrongful foreclosure cases require a lawyer who understands mortgage law, Georgia’s foreclosure statutes, and federal consumer protection rules simultaneously. These are not simple breach-of-contract claims. They often involve RESPA violations, TILA disclosures, loan servicing errors, or outright fraudulent conduct by servicers who apply payments incorrectly, refuse loan modifications in bad faith, or proceed with foreclosure while a modification application is pending. The window to act is narrow, and a single missed deadline can cost you the home and the legal claim.
At Evans Law, we represent Cobb County homeowners who are fighting back against wrongful or improper foreclosures, as well as clients dealing with the aftermath, including deficiency judgment defense, surplus fund recovery, and title disputes that arise after a flawed sale. We also represent lenders and investors who need to enforce their rights properly. That dual perspective matters because we know exactly how lenders think and where servicers cut corners.
What Makes a Foreclosure “Wrongful” Under Georgia Law
Not every foreclosure you disagree with is legally wrongful. But there is a meaningful category of cases where the lender or servicer did something that violated your rights, and those cases deserve to be challenged. In Georgia, a wrongful foreclosure claim typically arises when the party initiating the sale lacked the legal authority to do so, failed to follow the procedural requirements under Georgia law, misrepresented the amount owed, or conducted the sale in a manner that was commercially unreasonable.
Loan servicing errors are far more common than most borrowers realize. Payments get misapplied, escrow accounts are calculated incorrectly, and fees pile up that were never authorized by the loan documents. When a servicer uses an inflated payoff figure as the basis for foreclosure, that can constitute a wrongful act. Similarly, dual-tracking, where a servicer pushes a foreclosure forward while simultaneously telling a borrower their modification is under review, has been the basis for significant litigation under both federal guidelines and state law claims.
Procedural defects also matter. Georgia requires specific notice content, specific timelines, and publication in designated newspapers. When those requirements are not strictly followed, the foreclosure sale itself may be voidable. Courts in Cobb County’s Superior Court have addressed these issues, and the outcome depends heavily on the specific facts and the timing of any legal challenge.
Common Wrongful Foreclosure Situations We Handle
- Dual-tracking violations: When a servicer continues pursuing foreclosure while a borrower’s loan modification application is pending or under review, that practice violates federal mortgage servicing rules and can support a wrongful foreclosure claim in Georgia courts.
- Inflated payoff and reinstatement amounts: Servicers sometimes quote figures that include improper fees, misapplied payments, or charges not permitted by the loan documents, making it impossible for borrowers to reinstate their loans and triggering a foreclosure that would not have occurred with accurate numbers.
- Foreclosure without proper authority: With the volume of mortgage-backed securities and loan assignments in recent decades, the party foreclosing sometimes cannot establish a clean chain of title to the security deed. Foreclosing without the right to do so is a serious legal defect.
- Defective notice and publication: Georgia’s foreclosure statutes require specific notice to borrowers and publication in the county newspaper of record for a set period. Errors in timing, content, or the designated publication can render the sale defective.
- Breach of contract during the loss mitigation process: When a servicer promises a trial modification, accepts payments under a repayment plan, and then forecloses anyway, that conduct can support claims for breach of contract, fraud, or misrepresentation.
- Foreclosure on military borrowers in violation of federal law: Active-duty military members and certain veterans have protections under the Servicemembers Civil Relief Act. Proceeding with foreclosure in violation of those protections is both wrongful and federally actionable.
- Post-sale deficiency disputes involving an improperly conducted sale: If a lender later sues you for a deficiency judgment but the underlying foreclosure sale was conducted improperly, that deficiency claim may be challengeable on those grounds.
What Cobb County Homeowners Should Do Right Now
If you have received a foreclosure notice, the most important thing you can do is stop treating it as paperwork and start treating it as the legal proceeding it is. Georgia does not require a court to approve a non-judicial foreclosure before the sale happens, which means no judge automatically reviews whether the lender followed the law. That responsibility falls on you, and the only way to get judicial review before the sale is to file for it yourself.
Gather every document related to your mortgage immediately: your original loan documents, the security deed, all correspondence with your servicer, payment records, and any written communications about a modification or repayment plan. These documents are the foundation of any wrongful foreclosure claim, and the specific details in them often determine whether a viable claim exists. If you were promised something in writing or even in a documented phone call, preserve that record.
Cobb County Superior Court, located in Marietta at 70 Haynes Street, is where most real estate-related litigation in Cobb County is filed, including emergency injunctive relief requests to halt a pending foreclosure sale. An emergency motion for a temporary restraining order can stop a sale that is days away, but courts require a credible legal basis. Filing without one tends to fail and can prejudice later proceedings. That is why the quality of the legal argument matters as much as the speed of filing.
Do not wait until the notice of sale is published. By that point, the timeline has already compressed significantly. If you know your loan is in trouble, especially if you are in an active modification review or have disputed charges with your servicer, contact a wrongful foreclosure attorney in Cobb County before the process escalates. The earlier an attorney can review your loan file and servicer conduct, the more options you have. Contacting us after the sale has already occurred limits your remedies, though some post-sale claims are still worth pursuing.
Avoid a few common mistakes that consistently hurt homeowners in these situations. Do not stop communicating with your servicer in writing just because you hired a lawyer. Do not assume a verbal promise from a loan servicer representative is enforceable without documentation. And do not sign anything your servicer sends you during a contested modification process without having it reviewed first.
Why Evans Law for Wrongful Foreclosure Claims in Cobb County
Evans Law handles some of Georgia’s most complex real estate and foreclosure disputes. What sets this firm apart in wrongful foreclosure work is something that sounds counterintuitive at first: we represent both borrowers and lenders. Andrew Evans has represented homeowners fighting wrongful sales and lenders enforcing their security interests, and that dual-side experience means we know how servicers and their attorneys build their cases. When we represent a homeowner, we are not guessing at the other side’s strategy. We have sat at that table.
Clients who have worked with Evans Law have described Andrew Evans as someone willing to pursue emergency filings when a sale date is hours away, someone who fights hard when other attorneys have told them there was nothing left to do. We handle wrongful foreclosure claims across Georgia, including consumer protection claims under TILA and RESPA, breach of contract claims, and fraud allegations against servicers who misrepresented modification terms. We also handle the downstream consequences of wrongful foreclosures: quiet title actions after a defective sale, surplus fund recovery when a home sold for more than the debt, and deficiency judgment defense when a lender pursues the borrower after the sale.
If you are also dealing with the estate of a homeowner who lost property through foreclosure, we handle probate matters connected to excess fund claims, helping heirs recover money that may have been left unclaimed after a sale. That intersection of foreclosure law and estate law is something few firms navigate well. We do it regularly across Georgia.
Questions About Wrongful Foreclosure in Cobb County
Can I stop a foreclosure sale in Cobb County after the notice has already been published?
Potentially, yes, but it requires immediate legal action. Once a sale date is set and published, the only way to halt it before it occurs is through an emergency court filing, typically a request for a temporary restraining order in Cobb County Superior Court. The court will require a credible legal argument, not just financial hardship, as the basis for relief. The longer you wait after publication, the fewer options exist.
What happens if the foreclosure sale already occurred? Do I have any remedies?
Post-sale remedies exist but are more limited. Depending on the facts, you may be able to challenge the validity of the sale itself through a quiet title action or claim damages from the lender for the wrongful conduct. If the sale resulted in surplus proceeds above what was owed, you may also have a right to those funds. An attorney can review the sale record and determine what post-sale options are still available to you.
Does Georgia law give borrowers any right to reinstate their loan before the sale?
Georgia law does provide a right of reinstatement up to a certain point before the sale date. The specific deadline and the amount required to reinstate depend on your loan documents and the notice your servicer has provided. If your servicer quoted you an inflated reinstatement figure that made reinstatement practically impossible, that can be relevant to a wrongful foreclosure claim.
What is the difference between a wrongful foreclosure claim and a foreclosure defense?
Foreclosure defense generally refers to strategies used before a sale to prevent it: challenging the servicer’s authority, raising procedural defects, negotiating a modification, or seeking emergency injunctive relief. A wrongful foreclosure claim is typically a lawsuit brought after a defective sale has occurred, seeking damages for the harm caused by the improper process. The two are related but legally distinct, and both may be relevant depending on where you are in the foreclosure timeline.
My loan was transferred to a new servicer right before they began foreclosure. Does that matter?
It can matter significantly. Loan transfers require proper documentation of assignment, and the new servicer must have a complete and accurate record of your payment history. Errors in the transfer, including misapplied payments or incorrect balances, are a known source of improper foreclosures. The assignment chain also affects the question of whether the party foreclosing actually holds the security interest in the property.
Can I sue for wrongful foreclosure if my lender refused to approve a modification I applied for?
A simple denial of a modification application is generally not enough on its own to support a wrongful foreclosure claim. However, if the servicer accepted payments under a trial modification and then foreclosed anyway, promised approval and then denied without proper review, or foreclosed while the application was still pending under federal guidelines, those facts can support viable claims. The distinction is between a servicer exercising discretion versus a servicer acting in bad faith or in breach of applicable rules.
What is dual-tracking, and is it illegal in Georgia?
Dual-tracking refers to a servicer simultaneously pursuing foreclosure while a borrower’s loss mitigation application is under review. Federal mortgage servicing rules issued under RESPA restrict this practice for certain loans. Violations of those rules can give rise to actual damages and, in some cases, additional statutory remedies. Georgia courts have addressed these issues in the context of wrongful foreclosure litigation, and the outcome depends on the specific loan type and servicer conduct.
I live in Marietta and the foreclosure notice listed incorrect property information. Is that a valid defense?
Material errors in foreclosure notices can be a basis to challenge the validity of a sale. Georgia’s notice requirements are specific, and if the published notice or the notice sent to the borrower contained errors that affected the borrower’s ability to respond or misidentified the property, that could be raised as a defect. Whether it rises to the level of voiding the sale depends on the nature of the error and how courts interpret the specific facts.
Are there federal claims I can bring alongside a Georgia wrongful foreclosure claim?
Yes. Depending on the facts, federal claims under TILA, RESPA, and the Fair Debt Collection Practices Act may be available alongside state-law wrongful foreclosure claims. Federal claims often come with statutory damages and attorney’s fees provisions, which can significantly affect the overall value of the case and the leverage in any settlement discussion. Pairing state and federal claims requires careful analysis of the specific conduct and applicable deadlines.
If my home sold at foreclosure for more than I owed, am I entitled to that extra money?
Generally, yes. Surplus proceeds from a foreclosure sale above the amount owed belong to the former homeowner, subject to any other valid liens on the property. However, the process for claiming those funds is not automatic. You typically have to file a claim with the court or county holding the funds, and competing creditors may also assert rights to the surplus. Evans Law handles surplus fund recovery for former homeowners across Georgia, including situations where the original owner has passed away and heirs need to establish their right to claim.
Serving Cobb County and Surrounding Communities
Evans Law represents homeowners, investors, and lenders across Cobb County and throughout the greater Atlanta region. Our Cobb County clients come from Marietta, Smyrna, Kennesaw, Acworth, Powder Springs, Austell, Vinings, Mableton, Fair Oaks, Clarkdale, Hiram, and communities throughout the county from the Chattahoochee River corridor to the northern reaches bordering Cherokee County. We also handle wrongful foreclosure matters in neighboring Fulton County, Cherokee County, Paulding County, and Douglas County, as well as statewide across Georgia in cities including Atlanta, Lawrenceville, Jonesboro, Sandy Springs, Roswell, Douglasville, Athens, Augusta, Columbus, Macon, Savannah, and Brunswick. Whether the case involves a home near Kennesaw Mountain, a condo in the Cumberland area, or a property anywhere else in the state, we bring the same focus to understanding the specific facts and pursuing the best available path forward.
Speak With a Cobb County Wrongful Foreclosure Lawyer Today
A foreclosure notice does not have to be the end of the road. A flawed process, an overreaching servicer, or a defective sale may give you more options than you realize, but only if you act before those options disappear. Evans Law handles wrongful foreclosure claims across Georgia, and our representation of both borrowers and lenders means we understand every angle of these disputes. If you are facing a sale, contesting a completed foreclosure, or trying to recover surplus funds from a property that sold for more than the debt, contact a Cobb County wrongful foreclosure attorney at Evans Law and find out exactly where you stand.
