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South Carolina Foreclosure Law Summary
Stop South Carolina
Foreclosure

Quick Facts
- Judicial Foreclosure Available: Yes
- Non-Judicial Foreclosure Available: No
- Primary Security Instrument: Mortgage
- Timeline: Varies
- Right of Redemption: No
- Deficiency Judgments Allowed: Yes |
In South Carolina, lenders
may foreclose on a mortgage in default by using the judicial foreclosure
process.
Judicial Foreclosure
The judicial
foreclosure process is one in which the lender must file a complaint
against the borrower and obtain a decree of sale from a court having
jurisdiction in the county where the property is located before foreclosure
proceedings can begin. Generally, if the court finds the borrower in
default, they will give them a set period of time to pay the delinquent
amount, plus costs. If the borrower does not pay within the set period
of time, the court will then order the property to be sold.
In South Carolina, the property is generally sold in the following manner:
- A notice of sale, containing
a description of the property, the time and place of sale, the borrowers
name and the lenders name, must be published at the courthouse door
and two other public places at least three weeks prior to the date
of sale. The notice must also be published in a newspaper of general
circulation within the county where the property resides for the same
time period.
- Unless otherwise ordered
by the court, the sale must be conducted at the courthouse where the
property is located by the sheriff of said county. The sale must be
held on the first Monday in each month, unless it is a holiday and
then the sale may take place on the following Tuesday. The sale may
begin at 11:00 am and go until 5:00 pm, but the sheriff may close
the bidding prior to that time.
- Despite the fact that the
bidding at the public sale has ended, in South Carolina, the auction
actually stays open for a full thirty days after the date of the public
sale. During this thirty day time period, anyone may place a bid higher
than the last bid amount and the successful purchaser will be the
one with the highest bid at the end of the thirty days. This ongoing
bid process is referred to as upset bidding. Anyone, other than the
successful purchaser, who has placed a bid during this time, will
be entitled to a refund of any deposit made in good faith and he or
she will have no further interest in the property.
- If no objection to the sale
price of the property has been filed with the sheriff's office within
three months after the date of sale, the sale will be considered confirmed
and the sheriff will make any necessary deed endorsements.
Lenders in South Carolina
may file for a deficiency judgment against the borrower and borrowers
have no rights of redemption.
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