Skip to main content
How to Avoid
Foreclosure
Get free help

South Carolina · Weigh your options

How to stop a foreclosure in South Carolina

In South Carolina the main chances to stop or delay a foreclosure are with your servicer, in the lawsuit itself, and in the days before the sale. Because a court must enter judgment first, answering the complaint on time matters a great deal. None of these options is guaranteed. A HUD-approved counselor, South Carolina Legal Services or a licensed attorney can help you choose.

Ask for help in South Carolina Free HUD counselor: (800) 569-4287

Reviewed against South Carolina law and official sources on October 12, 2026. General information, not legal advice.

Ways to stop or delay a foreclosure in South Carolina

  • Apply for loss mitigation

    As early as possible; more than 37 days before the sale for federal review protection

    Send your servicer a complete application for a modification, repayment plan or forbearance. Once the case is filed, the lender's attorney is the point of contact for loss mitigation, so copy them on what you send. Ask for any agreement in writing.

    S.C. Sup. Ct. Order of May 17, 2023; 12 C.F.R. § 1024.41(g)

  • Answer the complaint

    Within 30 days after you are served

    An answer lets you dispute the amount claimed, raise defenses, and stay on the list for notice of hearings. Under the court rule, the master must also compute the debt in detail, including principal, interest, escrow, costs and attorney's fees, so you can challenge charges that look wrong.

    SCRCP 12(a), 71(a)

  • Ask the master about loss mitigation at the hearing

    Before the final hearing

    The Supreme Court's 2023 order says the master or judge may ask about the status of loss mitigation before scheduling a final hearing, entering judgment or holding a sale. If your application is pending, tell the court and bring proof of what you sent and when.

    S.C. Sup. Ct. Order of May 17, 2023

  • Pay off or catch up

    Before the sale

    South Carolina has no statute giving you a right to reinstate, but the lender may agree to accept the past-due amount and fees. Ask the lender's attorney for a written reinstatement figure and a written payoff figure.

  • Ask the lender to stay or strike the case

    Any time before the sale

    If you reach a repayment plan or forbearance, the lender can ask the court for a stay, or both sides can agree in writing to strike the case from the docket. The lender can move to restore a stricken case later, so keep making the agreed payments.

    SCRCP 40(j)

  • Bankruptcy stay

    Before the sale

    Filing bankruptcy creates an automatic stay that pauses the foreclosure, but it has serious costs and effects. Talk with South Carolina Legal Services or a licensed bankruptcy attorney first.

    11 U.S.C. § 362(a)

What South Carolina law gives you

The right to catch up and stop the sale

Limited right

We did not find a South Carolina statute that gives you a right to catch up on missed payments and stop the case. Whether you can reinstate depends on your mortgage contract and your servicer, so ask the lender's attorney for a reinstatement figure in writing. Loss mitigation with your servicer, handled through the lender's attorney once the case is filed, is the main chance to work out a way to keep the home.

Foreclosure mediation

No statewide program

We did not find a statewide foreclosure mediation program. The Supreme Court's 2009 and 2011 foreclosure intervention orders were rescinded on May 17, 2023. Under the 2023 order, lenders must still follow federal loss mitigation rules, the lender's attorney remains the point of contact for loss mitigation, and the master or judge may ask about loss mitigation before a final hearing, judgment or sale.

Court judgment required

A power of sale clause in a mortgage does not allow a sale on its own. The debt must first be established by a court judgment, or you must agree to the amount in writing after the debt is due.

S.C. Code Ann. § 29-3-630

Court can check on loss mitigation

The master or judge may ask about the status of loss mitigation before a final hearing, judgment or sale, and the lender's attorney must give the court reliable information about it.

S.C. Sup. Ct. Order of May 17, 2023

Appraisal rights

A homeowner facing a deficiency can demand an appraisal within 30 days of the sale, and the appraised value is used in place of a low sale price. The right cannot be waived for a home.

S.C. Code Ann. §§ 29-3-680, 29-3-740

Thirty-day upset bids

When a deficiency is sought, bidding stays open 30 days and the lender is held to the bid it made on sale day, which can push the price up and the deficiency down.

S.C. Code Ann. § 15-39-720

The options your servicer can offer

Common questions in South Carolina

What happens if I do not answer a South Carolina foreclosure lawsuit?

The case can move ahead without your side being heard, and under SCRCP 71(a) only parties who have appeared and filed pleadings are entitled to the usual notice of hearings. You could miss the hearing where the debt is set. Contact South Carolina Legal Services as soon as you are served.

Does South Carolina have foreclosure mediation?

We did not find a statewide foreclosure mediation program. The master or judge may ask about loss mitigation before a final hearing under the Supreme Court's May 17, 2023 order. A HUD-approved counselor listed by SC Housing can talk with your servicer for you.

Can I ask the court to split my South Carolina property into parcels before sale?

Yes, if you have appeared in the case. Under SCRCP 71(a), any party who has appeared can present proof that the debt can be paid by selling the property in parcels instead of all of it. This mostly matters if your land includes more than one lot.

Step by step

More on foreclosure in South Carolina

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Back to the South Carolina overview

Free, official, nationwide

Free help anywhere in the country

Ask a question

Need help avoiding foreclosure in South Carolina?

Tell us where things stand. A person reads every message and writes back with the options that fit your situation and the free, official help available in South Carolina.

  • Free. There is nothing to buy and no fee, ever.
  • No loan number, Social Security number or documents needed.
  • We are not your lender, a law firm or a government agency.

If a sale is days away, do not wait for an email. Call a free HUD-approved housing counselor now at (800) 569-4287.

For example: a sale date, what your servicer has told you, or what changed in your income. Please do not include your loan number, Social Security number or bank details.

Free, and there is nothing to buy. A person reads your message and replies by email, or by phone if you leave a number. We never ask for a fee and we do not sell your details. See the privacy policy.

Sources for this page

  1. Supreme Court of South Carolina, Order of May 17, 2023, Rescission of Administrative Orders Governing Mortgage Foreclosure Actions
  2. South Carolina Rules of Civil Procedure, Rule 71, Foreclosure and Partition
  3. South Carolina Rules of Civil Procedure, Rule 12, Defenses and Objections
  4. South Carolina Rules of Civil Procedure, Rule 40, Assignment of Cases for Trial
  5. S.C. Code Title 15, Chapter 11, Lis Pendens
  6. Supreme Court of South Carolina, Local Rule for the Fifteenth Judicial Circuit, Automatic Reference to the Master In Equity for Certain Foreclosure Matters (March 26, 2026)
  7. Beaufort County Master-in-Equity: Foreclosure Matters
  8. Horry County Master In Equity
  9. Richland County Master in Equity
  10. South Carolina Legal Services (apply for help)
  11. S.C. Code Title 29, Chapter 3, Mortgages and Deeds of Trust Generally
  12. S.C. Code Title 15, Chapter 39, Executions and Judicial Sales Generally
  13. Supreme Court of South Carolina, Administrative Order 2011-05-02-01, Mortgage Foreclosure Actions (rescinded May 17, 2023)
  14. SC Housing: South Carolina Homeowner Rescue Program has closed
  15. SC Housing: Avoid Foreclosure
  16. SC Board of Financial Institutions, Consumer Finance Division: File a Complaint