---
title: HB 1364. Property; nonjudicial foreclosures on time-share estates; provisions
collection: bills
id: 2025-2026/hb1364
cite_as: HB 1364, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1364
md_url: https://georgiacommons.org/bills/2025-2026/hb1364.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1364/text
source_url: https://www.legis.ga.gov/legislation/73344
date: 2026-02-24
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 185
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1364.md?full=1
bill_number: HB 1364
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-18
last_action: House Committee Favorably Reported
sponsors:
- Rob Leverett
- Mitchell Scoggins
- Trey Kelley
- Martin Momtahan
- Matthew Gambill
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1364/2025
upstream_id: 2119511
summaries_model: claude-sonnet-5
topic_tags:
- time-share law
- foreclosure procedures
- property law
- homeowners associations
- real estate
---
# HB 1364. Property; nonjudicial foreclosures on time-share estates; provisions
## Text
House Bill 1364
By: Representatives Leverett of the 123rd, Scoggins of the 14th, Kelley of the 16th, Momtahan
of the 17th, and Gambill of the 15th
A BILL TO BE ENTITLED
AN ACT
To amend Part 7 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia
Annotated, relating to miscellaneous provisions relative to time-share projects and programs,
so as to repeal provisions for nonjudicial foreclosures on time-share estates, subject to
exceptions for time-share estates created during certain time periods; to provide for related
matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 7 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated,
relating to miscellaneous provisions relative to time-share projects and programs, is amended
by adding new subsections to Code Section 44-3-206, relating to foreclosure by owners'
associations, procedure, and effect of sale, to read as follows:
"(e) 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.
(f) Effective July 1, 2026, an owners' association may foreclose its lien upon a time-share
estate created or amended on and after July 1, 2023, in accordance with subsection (c) of
Code Section 44-3-109 for the purpose of paying any or all unpaid assessments and other
charges owed by the owner of such time-share estate."
SECTION 2.
Said part is further amended by adding new subsections to Code Section 44-3-207, relating
to time-share estates, trustee foreclosures, and requirements, to read as follows:
"(f) The provisions of subsections (a) through (e) of this Code Section shall not apply to
time-share estates created before July 1, 2023, and after June 30, 2026.
(g) Notwithstanding any provision of this Code section or Code Section 44-3-206 to the
contrary, 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 of such time-share estate created by such
mortgage."
SECTION 3.
This Act shall become effective on July 1, 2026.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Introduced (2026-02-18)
- Last action: House Committee Favorably Reported (2026-02-24)
- Sponsors: Rob Leverett, Mitchell Scoggins, Trey Kelley, Martin Momtahan, Matthew Gambill
- Official page: https://www.legis.ga.gov/legislation/73344
> The history, votes, and amendments (185 characters) are at https://georgiacommons.org/bills/2025-2026/hb1364.md?full=1