How foreclosure works in South Carolina

The notices you will receive in South Carolina, in order

1. Notice of pendency of action (lis pendens)

   Filed by the lender's attorney in the county records, usually with the lawsuit; in a mortgage foreclosure it must be filed at least 20 days before judgment

   This public notice tells anyone checking the county records that a lawsuit affects your home. It does not mean the home is sold. Treat it as a sign that the summons and complaint are coming.

   S.C. Code Ann. §§ 15-11-10, 15-11-30

2. Summons and complaint

   Served on you by the lender's attorney after the federal 120-day wait

   This starts the case. The complaint says how much the lender claims and whether it wants a deficiency judgment against you personally. You have 30 days after service to serve an answer, so write down the date you were served.

   SCRCP 12(a); S.C. Code Ann. § 29-3-630

3. Order of reference to the master-in-equity

   Filed in the case, often early on

   Foreclosure cases are ordinarily referred to a master-in-equity, who then has the same power as a circuit judge sitting without a jury. In Horry and Georgetown counties, a case still unreferred after six months is sent to the master automatically under a 2026 local rule.

   SCRCP 71(a), 53; 15th Cir. local rule approved Mar. 26, 2026

4. Notice of hearing

   Sent by the lender's attorney before the final hearing

   At the hearing the master figures the total debt, including interest, costs and attorney's fees. Under the court rule, only parties who have appeared and filed pleadings are entitled to the usual notice of hearings, so filing an answer helps make sure you hear about the next steps.

   SCRCP 71(a)

5. Judgment of foreclosure and sale

   Entered by the master or judge after the hearing

   It sets the amount owed, orders the home sold, and states the time and place of sale, the bidder's deposit and the date the buyer must pay. Read it closely to see whether a deficiency was demanded or waived, because that controls whether bidding stays open after the sale.

   SCRCP 71(b); S.C. Code Ann. § 29-3-650

6. Notice of sale (legal advertisement)

   Advertised for the three weeks right before the sales day

   The notice names the property, the owner, the time and place of sale, and who is foreclosing. It runs in a local newspaper and is posted at three public places, including the courthouse door. If no deficiency is demanded, it must say bidding will not stay open after the sale.

   S.C. Code Ann. §§ 15-39-650, 15-39-660, 15-39-760

7. Master's deed and writ of assistance

   After the buyer pays the bid in full

   The officer who held the sale signs a deed to the buyer. If you are still living there, the buyer can ask the master for a writ of assistance, which orders the sheriff to remove the occupants and their belongings.

   SCRCP 71(b); S.C. Code Ann. § 15-39-830

The legal steps in South Carolina

1. Missed payments and pre-foreclosure

   Federal rules generally bar the servicer from starting foreclosure until you are more than 120 days behind. Use that time to apply for help from your servicer and meet a free housing counselor.

   12 C.F.R. § 1024.41(f)

2. Summons and complaint

   The lender files suit and serves you with a summons and complaint. You have 30 days after service to serve an answer. Read the complaint to see whether the lender is asking for a deficiency judgment.

   SCRCP 12(a); S.C. Code Ann. § 29-3-630

3. Loss mitigation while the case is pending

   Federal loss mitigation rules still apply, and the lender's attorney is your point of contact for any loan modification or other loss mitigation. Before a final hearing, judgment or sale, the master or judge may ask about the status of loss mitigation, so keep proof of everything you send.

   S.C. Sup. Ct. Order of May 17, 2023; 12 C.F.R. §§ 1024.39 to 1024.41

4. Hearing and judgment

   The case is heard, often by the county master-in-equity. The court can enter judgment for the debt and order the home sold in the same order.

   S.C. Code Ann. §§ 29-3-630, 29-3-650

5. Advertising and sale

   The sale must be advertised for three weeks before the sale day, in a newspaper and at three public places including the courthouse door. Judicial sales are normally held on the first Monday of the month.

   S.C. Code Ann. §§ 15-39-650, 15-39-660, 15-39-680

6. Thirty-day upset bid period

   If the lender is seeking a deficiency judgment, bidding stays open for 30 days after the sale so others can raise the bid. If the lender waived a deficiency in its complaint, the sale is final on sale day.

   S.C. Code Ann. §§ 15-39-720, 15-39-760

7. Deed and move-out

   After the sale is final the buyer gets a deed. If you are still in the home the buyer can ask the court to have you removed, so plan your move before the sale is final.

Common questions in South Carolina