---
title: HB 948. Property; debtors in foreclosures to receive certain information and forms in a notice of foreclosure; provide
collection: bills
id: 2025-2026/hb948
cite_as: HB 948, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb948
md_url: https://georgiacommons.org/bills/2025-2026/hb948.md
text_url: https://georgiacommons.org/bills/2025-2026/hb948/text
source_url: https://www.legis.ga.gov/legislation/72146
date: 2026-03-19
status: engrossed
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: 597
omitted_url: https://georgiacommons.org/bills/2025-2026/hb948.md?full=1
bill_number: HB 948
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-12
last_action: Senate Read Second Time
sponsors:
- Beth Camp
- Clint Crowe
- Karen Mathiak
- Alan Powell
- Rob Leverett
- Steven McNeel
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB948/2025
upstream_id: 2071938
summaries_model: claude-sonnet-5
topic_tags:
- foreclosure
- surplus funds
- property law
- debtor rights
- unclaimed property
---
# HB 948. Property; debtors in foreclosures to receive certain information and forms in a notice of foreclosure; provide
## Text
House Bill 948 (COMMITTEE SUBSTITUTE)
By: Representatives Camp of the 135th, Crowe of the 118th, Mathiak of the 82nd, Powell of
the 33rd, and Leverett of the 123rd
A BILL TO BE ENTITLED
AN ACT
To amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated,
relating to foreclosure, so as to provide for debtors in foreclosures to receive certain
information and forms in a notice of foreclosure; to provide for notice of certain information
when surplus funds are available; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to
foreclosure, is amended by revising Code Section 44-14-162.2, relating to mailing or
delivery of notice to debtor and procedure, as follows:
"(a)(1) Notice of the initiation of proceedings to exercise a power of sale in a mortgage,
security deed, or other lien contract shall be given to the debtor by the secured creditor
no later than 30 days before the date of the proposed foreclosure.
(2) The notice required by paragraph (1) of this subsection Such notice shall be in
writing, shall include the name, address, and telephone number of the individual or entity
who that shall have full authority to negotiate, amend, and modify all terms of the
mortgage with the debtor, notice of the mortgagor's right to initiate a claim for any
surplus funds after the foreclosure sale pursuant to Code Section 44-14-190, and
instructions on how to make an initial claim for surplus funds which may be due to them,
and shall be sent by registered or certified mail or statutory overnight delivery, return
receipt requested with tracking requested, to the property address or to such other address
as the debtor may designate by written notice to the secured creditor. The notice shall
also contain the following language in bold font:
'Surplus funds may be considered abandoned property and may escheat to the State if you
do not claim funds due to you within the timeline prescribed by O.C.G.A. 44-12-193,
which is currently five years but is subject to change should O.C.G.A. 44-12-193 be
revised in the future.'
(3) The notice required by this Code section paragraph (1) of this subsection shall be
deemed given on the official postmark day or day on which it is received for delivery by
a commercial delivery firm. Nothing in this subsection shall be construed to require a
secured creditor to negotiate, amend, or modify the terms of a mortgage instrument.
(b) The notice required by paragraph (1) of subsection (a) of this Code section shall be
given by mailing or delivering to the debtor a copy of the notice of sale to be submitted to
the publisher."
SECTION 2.
Said article is further amended by revising Code Section 44-14-190, relating to disposition
of proceeds, to read as follows:
"44-14-190.
The money arising from the sale of mortgaged property sold under the regulations
prescribed in this part shall be paid to the person foreclosing the mortgage unless claimed
by some other lien which by law has priority of payment over the mortgage; and, when
there is any surplus after paying off the mortgage and other liens by priority as described
by law, including statutory liens where applicable, the surplus shall be paid to the
mortgagor or his or her agent."
SECTION 3.
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.
House Bill 948 would require lenders foreclosing on Georgia property to tell debtors upfront how to claim any leftover money after a foreclosure sale, and to warn them that unclaimed funds could eventually go to the state.
### Plain-language summary
Under current Georgia law (O.C.G.A. § 44-14-162.2), a lender starting foreclosure must send the homeowner a written notice at least 30 days before the sale, including contact information for someone who can negotiate the mortgage terms. This bill adds new requirements to that notice. It must now also tell the debtor about their right to claim any surplus funds left over after the foreclosure sale, explain how to start that claim, and include a bold-font warning that unclaimed surplus money can eventually become the state's property (escheat) under Georgia's unclaimed property law (O.C.G.A. § 44-12-193), currently after five years.
The bill also changes how the notice must be mailed, requiring certified mail or overnight delivery with tracking instead of a return receipt. It updates the law on distributing sale proceeds (O.C.G.A. § 44-14-190) to clarify that surplus funds are paid out after other liens are settled by legal priority, including statutory liens, before going to the mortgagor or their agent.
### What it does
- Requires foreclosure notices to inform debtors of their right to claim surplus funds left over after a foreclosure sale and how to start that claim.
- Adds a required bold-font warning that unclaimed surplus funds may eventually become state property (escheat) after a set time period.
- Changes the required mailing method for foreclosure notices from certified mail with return receipt requested to certified mail or overnight delivery with tracking.
- Clarifies that surplus sale proceeds must be distributed according to legal priority among liens, including statutory liens, before any remainder goes to the mortgagor.
### Who it affects
Homeowners and other debtors facing foreclosure in Georgia, secured creditors and mortgage lenders who must send foreclosure notices, and anyone with a lien on foreclosed property who may have a claim to sale proceeds ahead of the mortgagor.
### Why it matters
Debtors who lose their homes to foreclosure often do not realize they can claim leftover sale proceeds, and money that goes unclaimed can eventually be forfeited to the state. This bill would make lenders explain that right clearly, potentially helping more former homeowners recover money owed to them.
### Key provisions
- Section 1 amends O.C.G.A. § 44-14-162.2 to require foreclosure notices to include instructions for making an initial claim for surplus funds under O.C.G.A. § 44-14-190.
- Section 1 requires a bold-font warning in the notice that surplus funds may escheat to the state under O.C.G.A. § 44-12-193 if not claimed within the current five-year window.
- Section 1 changes the required delivery method from return receipt requested to tracking requested for certified mail or statutory overnight delivery.
- Section 2 amends O.C.G.A. § 44-14-190 to specify that surplus proceeds go toward liens in legal priority order, including statutory liens, before payment to the mortgagor or agent.
- Section 3 repeals conflicting laws.
## Status
- Status: Engrossed (2026-02-12)
- Last action: Senate Read Second Time (2026-03-19)
- Sponsors: Beth Camp, Clint Crowe, Karen Mathiak, Alan Powell, Rob Leverett, Steven McNeel
- Official page: https://www.legis.ga.gov/legislation/72146
> The history, votes, and amendments (597 characters) are at https://georgiacommons.org/bills/2025-2026/hb948.md?full=1