Foreclosure Registry FAQ

FORECLOSURE REGISTRY FAQ

 

The DeKalb County Foreclosure Registry was established as a mechanism to protect neighborhoods from blight through the lack of adequate maintenance and security as a result of properties that are foreclosed or where ownership has been transferred after foreclosure.

WHO IS AFFECTED BY THIS ORDINANCE AND WHEN IS THE EFFECTIVE DATE?

Any creditor or mortgagee that retains a foreclosed improved or unimproved real property for which a land disturbance permit has been issued by the county and held pursuant to a judicial or non-judicial foreclosure of a mortgage, deed of trust, security deed, deed to secure debt, or other security instrument securing a debt or obligation owed to a creditor or a deed in lieu of foreclosure in full or partial satisfaction of a debt or obligation owed to a creditor, where the real property is within the unincorporated area of the county. The DeKalb County Foreclosure Registry Ordinance is effective July 1, 2012.

WHAT IS THE REGISTRATION FEE?

At the time of registration, a non-refundable fee in the amount of $100 is due.

WHAT IS THE TIMEFRAME FOR REGISTRATION?

Any creditor or mortgagee who holds foreclosed real property is required to register the property and pay a non-refundable registration fee in the amount of $100 no later than 90 days following the effective foreclosure/proceeding date. Any creditor or mortgagee who holds foreclosed real property and transfers the property to a person or entity must register the property no later than 120 days after the effective date of transfer and pay a non-refundable registration fee in the amount of $100.

DOES THE ORDINANCE APPLY TO ALL PROPERTIES IN DEKALB COUNTY?

The ordinance applies to any foreclosed improved or unimproved real property for which a land disturbance permit has been issued by the county and held pursuant to a judicial or non-judicial foreclosure of a mortgage, deed of trust, security deed, deed to secure debt, or other security instrument securing a debt or obligation owed to a creditor or a deed in lieu of foreclosure in full or partial satisfaction of a debt or obligation owed to a creditor, where the real property is within the unincorporated area of DeKalb County.

HOW DO I KNOW IF THE PROPERTY IS LOCATED WITHIN UNINCORPORATED DEKALB COUNTY?

Whether real property is in an unincorporated or incorporated area of the county can be determined by viewing tax district information for the property on the DeKalb County’s Tax Commissioner’s Office or Property Appraisal Department websites. This information is also located on real property tax bills issued each year.

To view tax records, visit

Tax Commissioner Search or Property Appraisal Search

HOW DO I REGISTER A FORECLOSED PROPERTY WITH DEKALB COUNTY?

The Foreclosure Registry Registration Form must be completed electronically on the DeKalb County Foreclosure Registry website

NOTE: A property is not considered registered until the hard copy of the completed registration form is printed and then filed in-person or by mail along with payment in the office of the Clerk of Superior Court.

To Create a New Registration

1. Click on the Create New Form icon and complete the registration form.

2. Upon electronically completing the form, a registration number is assigned to the form.

3. Print the form with the registration number and then file in-person or by mail along with payment in the office of the Clerk of Superior Court.

4. The non-refundable Foreclosure Registry registration fee in the amount of $100 is due at the time of filing. Filing must occur no later than 90 days following the effective foreclosure/proceeding date.

5. Any creditor or mortgagee who holds foreclosed real property and transfers the property to a person or entity must register the property no later than 120 days after the effective date of transfer.

6. The registration fee must be paid by online via check, Visa, or MasterCard.

If you are unable to pay online, you must print the completed registration form that has the electronically generated registration number and mail the form along with the check to:

DeKalb County Code Enforcement
Vacant & Foreclosure Registry

1807 Candler Road

Decatur, GA 30032

Phone number must be on check

To Modify an Existing Registration /Report a Change in Contact Information

  1. To modify an existing registration/report a change in contact information, you will need the registration number.
  2. To modify an existing registration/report a change in contact information, click on Edit icon.

NOTE: The modification form CANNOT be used to create a new registration. Efforts to misuse the modification form may result in penalties.

 

WHAT FORMS OF PAYMENT ARE ACCEPTED?

 

The registration fee must be paid by online via check, Visa, or MasterCard.

 

If you are unable to pay online, you must print the completed registration form that has the electronically generated registration number and mail the form along with the check to:

DeKalb County Code Enforcement
Vacant & Foreclosure Registry

1807 Candler Road

Decatur, GA 30032

 

CAN THE REGISTRATION FORM BE RECREATED OR DUPLICATED?

No, registration forms cannot be recreated or duplicated. Registration forms must be completed electronically.

DO I HAVE TO LIST A LOCAL PROPERTY AGENT?

Yes, creditors or mortgagees are required to designate a local property agent located within the State of Georgia. The local property agent must be listed on the registration form. Failure to do so will be a violation of Article IV, 18-100 et seq. of the DeKalb County Code Annotated and will be subject to a penalty up to $1000. The property agent must have the authority to ensure security and maintenance of the property; comply with code enforcement orders issued by the county; provide a trespass authorization upon request of an enforcement officer; conduct inspections of the property; accept rental payments from tenants, if no management company is otherwise employed; and serve as an agent authorized to receive code enforcement citations and notice pertaining to any court proceeding or administrative enforcement.

WHAT ARE THE PENALTIES IF I FAIL TO REGISTER?

Failure to register a foreclosed property or any other violation of the ordinance will be subject to a penalty up to $1000.

WHAT HAPPENS IF A FORECLOSURE SALE IS RESCINDED?

Georgia law (O.C.G.A. §9-13-172.1) gives a lender the right to rescind a foreclosure sale within 30 days of the sale, as long as the deed under power has not been delivered to a purchaser. A lender may rescind a foreclosure sale due to bankruptcy or a loan modification which occurred (unknown to lawyer calling out the sale) or maybe some other error that would invalidate the foreclosure sale. If the foreclosure sale is rescinded within the timeframe required to register the foreclosed property, then no fee is owed and no registration under the ordinance will be required.

IF THERE IS ANY CHANGE IN CONTACT INFORMATION FOR THE PROPERTY, DO I HAVE TO REPORT THAT CHANGE TO THE COUNTY?

Yes, any change in contact information for the property must be reported to the county within 30 days of the change.

MAY I BE EXEMPT FROM REGISTERING FORECLOSED REAL PROPERTY?

You may be exempt from registering foreclosed real property if the deed under power of sale or deed in lieu of foreclosure contains the following:

1. Real property owner’s name, street address, mailing address, phone number, facsimile number, and e-mail address;

2. Agent’s name, street address, mailing address, phone number, facsimile number, and e-mail address;

3. Real property’s street address and tax parcel ID number;

4. Transfer date of the instrument conveying the real property to the owner;

5. And when it becomes available, recording information, including deed book and page number of the instrument conveying the real property to the owner.

MAY I DEREGISTER A REAL PROPERTY?

A real property may be deregistered if:

1. The real property is conveyed to a third party in a bona-fide, arms-length sale;

2. A copy of the recorded deed and form PT-61 is provided as proof of conveyance of the real property to a third party in a bona-fide, arms-length sale; and

3. The foreclosed real property does not have any outstanding warnings or citations.

WHO SHOULD I CONTACT IF I HAVE ADDITIONAL QUESTIONS?

For additional information, e-mail registry@dekalbcountyga.gov or call 404-687-3700.