Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 1364: Property; nonjudicial foreclosures on time-share estates; provisions
Last action February 24, 2026 · House Committee Favorably Reported
A Georgia House bill would end the current fast, out-of-court foreclosure process that time-share owners' associations and lenders use to seize unpaid time-share estates, replacing it with different procedures starting July 1, 2026.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest the General Assembly's website lists.
In plain language
Under current Georgia law, owners' associations and mortgage holders can foreclose on a time-share estate without going to court, using a nonjudicial process spelled out in O.C.G.A. sections 44-3-206 and 44-3-207. This bill narrows when that process is allowed. It says the existing nonjudicial foreclosure rules will not apply to time-share estates created before July 1, 2023 or after June 30, 2026, which effectively limits the old process to time-shares created in that roughly three-year window. Starting July 1, 2026, owners' associations trying to collect unpaid assessments would instead have to foreclose their lien using the procedure described in O.C.G.A. section 44-3-109(c). Mortgage lenders would foreclose using the judicial foreclosure process found in Part 2 of Article 7 of Chapter 14 of Title 44, rather than the current time-share-specific trustee process. The changes take effect July 1, 2026.
What the bill does
- Cuts off the current nonjudicial (out-of-court) foreclosure process in O.C.G.A. 44-3-206 and 44-3-207 for time-share estates created before July 1, 2023 or after June 30, 2026.
- Leaves the existing nonjudicial foreclosure process in place only for time-share estates created between July 1, 2023 and June 30, 2026.
- Requires owners' associations, starting July 1, 2026, to foreclose liens for unpaid assessments using the procedure in O.C.G.A. section 44-3-109(c) instead.
- Requires mortgage lenders to foreclose on time-share estates using the judicial foreclosure process in Title 44, Chapter 14, Article 7, Part 2, rather than the current time-share trustee foreclosure method.
- Sets the effective date of the changes as July 1, 2026.
Who it affects
Time-share owners' associations, time-share estate owners who fall behind on assessments or mortgage payments, mortgage lenders holding liens on time-share properties, and trustees who currently handle nonjudicial time-share foreclosures in Georgia.
Why it matters
Owners' associations and lenders would lose access to the quicker, out-of-court foreclosure method for most time-share estates and would instead need to use different, and in the mortgage lender's case judicial, foreclosure procedures. This could change how long collections take and what steps are required before a time-share owner loses their interest.
Key provisions
- Section 1 adds subsection (e) to O.C.G.A. 44-3-206, exempting time-share estates created before July 1, 2023 or after June 30, 2026 from the current owners' association nonjudicial lien foreclosure rules.
- Section 1 adds subsection (f), requiring owners' associations, effective July 1, 2026, to foreclose liens on time-share estates created on or after July 1, 2023 under the procedure in O.C.G.A. 44-3-109(c).
- Section 2 adds subsection (f) to O.C.G.A. 44-3-207, applying the same created-date exemption to the current trustee foreclosure rules for time-share estates.
- Section 2 adds subsection (g), allowing a mortgagee to foreclose its mortgage on a time-share estate using the judicial foreclosure process in Title 44, Chapter 14, Article 7, Part 2.
- Section 3 sets the Act's effective date as July 1, 2026.
- Section 4 repeals any conflicting laws.
From the bill
“The provisions of subsections (a) through (d) of this Code Section shall not apply to time-share estates created before July 1, 2023, and after June 30, 2026.”
“a mortgagee may foreclose its mortgage upon a time-share estate in accordance with Part 2 of Article 7 of Chapter 14 of this title in order to sell a time-share estate for the purpose of satisfying any obligation of the owner”
Discussed in meetings (5)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Committee, February 23, 2026
From 1:06:39 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1364 would end two newer methods for foreclosing on timeshare interests to collect unpaid fees and assessments: sale without a court proceeding and a trustee foreclosure process. The sponsor said those options apparently were not being used and that associations continued using court-supervised mortgage foreclosure. According to the sponsor, the bill would end the newer options beginning July 1 while preserving their effect for transactions completed while they were available. No substantive questions or amendments followed. The committee approved the bill by voice vote, with no opposition heard.
House Rules Committee, February 25, 2026
From 1:31:17 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter said HB 1364 would remove two previously added procedures for foreclosing timeshare interests. The presenter said the procedures had not been used and had not proved as beneficial as expected. No questions or scheduling decision followed.
Status timeline
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Rob Leverett (R, HD-123)
- Mitchell Scoggins (R, HD-14)
- Trey Kelley (R, HD-16)
- Martin Momtahan (R, HD-17)
- Matthew Gambill (R, HD-15)
Topics
- time-share law
- foreclosure procedures
- property law
- homeowners associations
- real estate