South Carolina · What this letter means
South Carolina foreclosure letters and notices
The papers South Carolina homeowners receive, in the order they usually arrive. Each page uses the name on the South Carolina document, explains the deadline it starts under South Carolina law, and lists what to do this week.
- Step 1
Foreclosure Summons and Complaint
In South Carolina, a lender cannot sell your home until a court has established the debt, so every home foreclosure starts with a summons and complaint in the Court of Common Pleas. You have 30 days after you are served to serve an answer. The complaint also tells you whether the lender wants a deficiency judgment against you personally.
What it means - Step 2
Order of Reference and Notice of Hearing
Most South Carolina foreclosure cases are sent to the county master-in-equity by an order of reference. The master then holds a hearing to figure the total debt and decide whether to order the home sold. Go to the hearing: it is where the amount you owe and the sale date are set, and where the court may ask about loss mitigation.
What it means - Step 3
Judgment of Foreclosure and Sale
The judgment of foreclosure and sale sets the amount you owe and orders the master-in-equity to sell your home at a public auction. It must state the time and place of sale, the bidder's deposit and the date the buyer must pay. You still own the home until the sale is final and a deed is signed.
What it means - Step 4
Notice of Sale (master-in-equity's sale)
A South Carolina foreclosure sale must be advertised for the three weeks right before the sales day, in a newspaper and at three public places including the courthouse door. Sales are held on the first Monday of the month between 11 a.m. and 5 p.m. If a deficiency is demanded, bidding stays open until the 30th day after the sale.
What it means - Step 5
Writ of Assistance
After a South Carolina foreclosure sale is final and the master signs a deed to the buyer, the buyer is entitled to possession. If you are still in the home, the buyer can ask the master-in-equity for a writ of assistance, an order directing the sheriff to remove the occupants and their belongings.
What it means - Step 6
Notice of Surplus Funds
If your South Carolina foreclosure sale brought more than the costs and the judgment, the master-in-equity holds the extra money and sends a notice of the surplus. You must file a sworn claim with the master within 45 days after the sale report is filed, or your claim is treated as abandoned.
What it means
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