Foreclosures too easy, Georgia Supreme Court says | www.myajc.com

Foreclosures in Georgia are too easy, the state Supreme Court said Monday, but it added in a ruling that changing the process is up to the legislature and not the court.

The ruling, which came in the case of a pair of Suwanee residents who lost their home, effectively upheld the status quo and disheartened activists who had hoped the court would declare some practices illegal.

“(T)he continued ease with which foreclosures may proceed in this State gives us pause, in light of the grave consequences foreclosures pose for individuals, families, neighborhoods, and society in general,” the court said. But the decision said the court’s concerns “do not entitle us to overstep our judicial role, and thus we leave to the members of our legislature, if they are so inclined, the task of undertaking additional reform.”

It’s unclear if the ruling will prompt legislation. Lt. Gov. Casey Cagle said he will give the issue “proper consideration” before next winter’s session. “I’m confident the Senate will take appropriate action, if necessary,” Cagle said.

Bankers and mortgage companies say Georgia’s “non-judicial” foreclosure system, which means the state doesn’t require a court hearing for a lender to finish a foreclosure, is far more efficient than one that requires more court interference.

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