Regulatory
Understanding Georgia's Residential Mortgage Act: What Note Investors Need to Know
A breakdown of O.C.G.A. § 7-1-1000 et seq. and how Georgia's licensing requirements affect note buyers operating in or entering the state.
Georgia NMLS Licensed Partner
Access Georgia's Note Market — With Full Regulatory Compliance
Creative Note Solutions holds the Georgia Mortgage Lender License you need. We acquire, service, and manage Georgia-secured notes — so you can access this market without navigating the state's complex licensing requirements.
The Opportunity
Why Georgia Is a Prime Market for Note Investors
Active Note Inventory
Georgia has a robust real estate market with active note inventory across the state. For note investors, it represents meaningful opportunity — from performing residential notes in growing metro areas to non-performing assets with workout potential.
Non-Judicial Foreclosure State
Georgia is a non-judicial foreclosure state, which means the foreclosure process may be conducted without court involvement. For non-performing note investors, this generally allows workouts and resolutions to move more quickly compared to judicial foreclosure states — potentially accelerating your path to returns.
Growing Metro Markets
Atlanta, Savannah, Augusta, and other Georgia metros continue to experience population growth and real estate activity, creating a steady pipeline of note opportunities across performing and non-performing categories.
The opportunity is clear — but accessing it is not. Georgia's Residential Mortgage Act (O.C.G.A. § 7-1-1000 et seq.) imposes licensing requirements on entities that purchase and service residential mortgage loans. For investors without a Georgia Mortgage Lender License, these regulatory requirements create a real barrier to entry.
That's the problem
The Problem
The Georgia Licensing Barrier
Entity Licensing Required
Georgia's Residential Mortgage Act (O.C.G.A. § 7-1-1000 et seq.) generally requires entities in the business of purchasing residential mortgage loans on primary residences to hold a Mortgage Lender License. The exemption for individual investment purchasers typically does not extend to entity investors that regularly buy notes.
Licensed Servicing Mandated
All servicing of Georgia residential mortgage loans must be performed by a licensed entity. Operating without proper licensing exposes investors to administrative action and potential loan enforceability issues.
Ongoing Compliance Burden
Georgia licensees must maintain surety bonds, meet net worth requirements, file quarterly call reports through NMLS, and remain ready for regulatory examination by the Georgia Department of Banking and Finance.
This is general educational information, not legal advice. Consult with qualified legal counsel regarding your specific licensing obligations.
The Solution
One Licensed Partner. Complete Georgia Access.
You already know the note business. You need a trusted partner in Georgia.
We Acquire
Our licensed entity identifies and purchases Georgia-secured notes meeting your investment criteria, handling all regulatory requirements of the transaction.
We Oversee Loan Servicing
Licensed Georgia servicing: payment collection, escrow management, borrower communications, and default management. Specialized loss mitigation services are also available to maximize returns.
We Comply
NMLS filings, call reports, surety bond maintenance, net worth requirements, and examination readiness — all managed by our compliance team.
You Participate
You access the economic benefits of Georgia note investing through a compliant structure, with full transparency and regular reporting.
The Process
From Consultation to Cash Flow in Five Steps
From your first call to ongoing portfolio management, here's what working together looks like.
Consultation
Tell us your investment strategy, note preferences, and portfolio goals. We'll outline how our Georgia license can serve your objectives in this market.
Structuring
We design a compliant engagement framework tailored to your investment objectives and applicable regulatory requirements. Every arrangement is structured to the specific circumstances of the investor.
Execution
Notes are acquired through our licensed entity with all required documentation and compliance checks completed. We oversee loan servicing and actively manage the portfolio. Specialized loss mitigation services are also available to maximize returns.
Payments & Reporting
Investor payments are issued within five business days of receipt from the borrower. You also receive monthly performance reports, payment tracking, borrower status updates, and portfolio analytics — delivered directly to you. Full visibility into your Georgia note investments.
Disposition Support
When it's time to exit, we facilitate compliant note sales in accordance with Georgia requirements. Clean transfers, proper documentation, regulatory compliance.
Each engagement is structured based on individual investor circumstances and applicable regulatory requirements. We recommend all investors consult with their own legal counsel.
Who This Is For
Built for Experienced Note Investors
Fund Managers
You manage a note fund but don't hold a Georgia license. We provide the licensed infrastructure to add Georgia notes to your portfolio without the burden of obtaining and maintaining your own state license.
Individual Note Buyers
You buy notes across multiple states and want a trusted, licensed partner in Georgia. We handle the state-specific regulatory requirements so you can focus on deal evaluation and investment strategy.
Hedge Funds & Family Offices
You need institutional-grade compliance and reporting for Georgia note positions. Our operations are designed to meet the due diligence standards expected by sophisticated institutional investors.
Common Questions
Frequently Asked Questions
The consequences may be severe and are assessed on a per-note basis. Under Georgia law, willfully transacting a mortgage business without a license is classified as a felony under O.C.G.A. § 7-1-1019(1), punishable by one to five years imprisonment and/or a $10,000 fine per note (O.C.G.A. § 7-1-845). On the administrative side, the Georgia Department of Banking and Finance may impose $1,000 in fines per transaction for doing business without a license (GA Rule 80-11-3-.01(8)), issue a cease and desist order with no opportunity for administrative hearing (O.C.G.A. § 7-1-1018), and assess civil penalties of up to $1,000 per violation per day for noncompliance with that order. Each note held without proper licensing may be treated as a separate transaction or violation. Investors should consult with qualified legal counsel to understand the specific risks associated with their situation.
Once we've structured the engagement, our team handles the operational work: servicing, compliance, borrower management, and reporting. You focus on investment decisions while we handle the Georgia-specific regulatory requirements. We're a partner, not a gatekeeper — you'll have full visibility into your portfolio.
Performing and non-performing residential mortgage notes secured by Georgia properties. First and second position. Whether you're looking at a single note or a pool, we have the operational capacity to handle it.
We're transparent about costs. Fees depend on the scope of services and are discussed during our initial conversation. No hidden charges, no surprises. We want this to be a long-term partnership built on trust.
Open communication is central to how we operate. You receive monthly performance reports, payment tracking, borrower status updates, and portfolio analytics. We believe investors should have full visibility into their positions at all times — you'll never be in the dark about what's happening with your Georgia notes.
Get In Touch
Let's Start the Conversation
Tell us about your note investing experience and goals. We'll get back to you with a clear picture of how we can work together.
Insights
From the Blog
Regulatory updates, market insights, and educational resources for note investors considering Georgia.
Market Insight
Why Georgia's Non-Judicial Foreclosure Process Matters for Note Investors
How Georgia's foreclosure timeline compares to judicial states and what that means for your workout strategy on non-performing notes.
Compliance
The Cost of Non-Compliance: Penalties for Unlicensed Mortgage Activity in Georgia
From administrative fines to felony charges — a look at what's at stake for investors who hold Georgia notes without proper licensing.