Sheriff Sales Guide

What a Sheriff Sale Is and Why It Happens

A sheriff sale (also called a foreclosure auction or trustee's sale) happens when a homeowner fails to make their mortgage payments and the lender forecloses on the property. The lender gets a court judgment (or follows a non-judicial process, depending on the state), and the property is then sold at a public auction, typically on the courthouse steps, to satisfy the debt.

The proceeds from the auction go toward:

• The outstanding mortgage balance
• Accrued interest and fees
• Attorney/foreclosure costs
• Any remaining junior liens (second mortgages, HOA, etc.)

If anything is left after all that, called surplus funds, it belongs to the former owner. Many homeowners don't know this and leave money on the table. The name "sheriff sale" comes from the fact that in many jurisdictions, the local Sheriff's office administers and announces the auction.

The Foreclosure Timeline: Georgia vs. Florida

This is critical, because the two states work very differently, and timing matters enormously, especially for sellers.

Georgia, Non-Judicial Foreclosure State. Georgia is a non-judicial foreclosure state, meaning the lender does NOT have to go to court to foreclose. This makes the process fast. The lender must publish a Notice of Sale in the county's official legal newspaper once a week for 4 consecutive weeks before the sale date. Sales happen on the first Tuesday of the month at the county courthouse. Total timeline from default to auction: as fast as 60–90 days.

That's not a lot of time. If you're a homeowner in Georgia and you miss payments, the clock is already ticking faster than you probably realize.

Florida, Judicial Foreclosure State. Florida is a judicial foreclosure state, meaning every foreclosure must go through the court system. This makes the process significantly slower. The homeowner is served, has a chance to respond, negotiate, or contest. Auctions are held online via Realauction.com or the county's designated platform. Total timeline from default to auction: 6 months to 3+ years, depending on caseload and whether the homeowner contests.

This longer timeline is actually an opportunity for sellers, it gives you more time to explore alternatives like a short sale, loan modification, or cash sale before the auction happens.