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HB 1364

Property; nonjudicial foreclosures on time-share estates; provisions

2025-2026 Regular Session Introduced by Matthew Gambill and 4 co-sponsors

HB 1364 allows nonjudicial foreclosures on Georgia time-share estates, expediting creditor recovery while reducing borrower court protections.

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Bill Summary · HB 1364

Legislative bill overview

HB 1364 modifies Georgia's procedures for nonjudicial foreclosures on time-share estates, allowing creditors to foreclose on time-share properties without going through the court system. The bill streamlines the foreclosure process by establishing specific notice requirements and timelines for time-share foreclosures outside traditional judicial oversight.

Why is this important

Time-share foreclosures currently follow standard judicial procedures, which can be lengthy and costly. This bill could accelerate debt collection on time-share properties, potentially reducing creditor losses but also affecting property owners' legal protections and their ability to contest foreclosures. The change reflects broader trends toward nonjudicial remedies in property law, with significant implications for borrower safeguards.

Potential points of contention

  • Reduced borrower protections: Nonjudicial foreclosures bypass court oversight, limiting owners' ability to challenge foreclosure validity or raise defenses before losing property
  • Notice and transparency concerns: The bill's specific notice requirements may be insufficient to ensure time-share owners actually receive foreclosure information, particularly given the often-complex ownership structures of time-shares
  • Industry vs. consumer balance: Creditors gain faster, cheaper remedies while individual owners lose judicial review processes that traditionally protect against overreach or procedural errors

Compiled from official sources — confirm details with the bill’s official record.

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