- Who sends it
- The master-in-equity or judge signs it; the lender's attorney usually mails you a copy
- What it starts
- Three weeks of sale advertising before a monthly sales day
- Do this first
- Find the sale date and whether a deficiency was demanded, then ask the lender's attorney for a written payoff
What this judgment is in South Carolina
Under S.C. Code Ann. § 29-3-650, the court can enter judgment for the debt and order the home sold at the same time. The judgment is entered and docketed in the clerk's office like other judgments.
SCRCP 71(b) says the judgment must direct the sale by or under the master, or another court officer where there is no master. It must include the legal description, a provision for the legal advertisement, the time and location of the sale, notice of any senior liens or taxes the home is sold subject to, the good faith deposit required at the sale, and the date the buyer must comply with the bid. The lender or any other party may bid.
The deficiency question
- If you are personally liable on the loan, the court can order you to pay any part of the debt the sale does not cover (S.C. Code Ann. § 29-3-660). A co-signer or anyone else who promised to pay the debt can be added to the case for the same reason.
- Unless the pleadings say no personal or deficiency judgment is demanded, or that right is waived in writing, bidding stays open until the 30th day after the sale, not counting sale day (SCRCP 71(b)).
- If the lender buys the home, the rest of the debt is not wiped out by that alone (S.C. Code Ann. § 29-3-670).
- Your main protection is an appraisal petition filed within 30 days after the sale. See South Carolina deficiency judgments and the notice of sale.
What it does and does not mean
- It is not the sale. The sale must first be advertised for the three weeks right before a sales day, usually the first Monday of the month.
- It is not an order to move out. The court's FAQ says you may stay until the home is sold and the master issues a deed to the buyer.
- There is no state right to reinstate or to redeem after the sale. If you plan to pay off the loan or catch up by agreement, it must happen before the auction.
- The case can still be paused by agreement. If you and the lender agree on a plan, the lender can ask for a stay, or both sides can agree in writing to strike the case from the docket under SCRCP 40(j).
What to do this week
- Read the judgment for the sale date, the deposit, the compliance date and the deficiency wording.
- Ask the lender's attorney in writing for a payoff figure, a reinstatement figure, and the status of any application. If you have a complete application in more than 37 days before the sale, federal rules bar the sale while it is reviewed.
- If you think the judgment is wrong, talk to a lawyer at once. Appeals from a master's order go to the South Carolina appellate courts (SCRCP 53(e)), and those deadlines are short.
- Call South Carolina Legal Services at 1-888-346-5592, or find a lawyer through the South Carolina Bar.
- Read what to do when a South Carolina sale date is set and our national foreclosure judgment page.
The rest of the South Carolina process
See how foreclosure works in South Carolina, the timeline, ways to stop it and free help in South Carolina, or read the national guide to this letter.
Common questions
When will my South Carolina home be sold after the judgment?
On the sales day named in the judgment, after three weeks of advertising right before it. Sales are usually the first Monday of the month, or Tuesday if that Monday is a legal holiday (S.C. Code Ann. §§ 15-39-650, 15-39-680).
Can I still stop a South Carolina foreclosure after judgment?
Sometimes. You can pay off the debt before the sale, reach an agreement the lender takes to the court as a stay, or file bankruptcy, which creates a federal automatic stay. Talk to legal aid or a lawyer quickly.
Can I be made to pay the rest of the debt after a South Carolina foreclosure?
Yes, if a deficiency was demanded and you are personally liable. You can petition the clerk of court for an appraisal within 30 days after the sale, and the appraised value can reduce or cancel the deficiency. That right cannot be waived for a home.
Other South Carolina letters
- Foreclosure Summons and ComplaintIn 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.
- Order of Reference and Notice of HearingMost 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.
- 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.
- Writ of AssistanceAfter 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.
- Notice of Surplus FundsIf 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.
Sources
- S.C. Code Title 29, Chapter 3 (§§ 29-3-650 to 29-3-680)
- S.C. Code Title 15, Chapter 39 (§§ 15-39-650, 15-39-680)
- SCRCP Rule 71, Foreclosure and Partition
- SCRCP Rule 40, Assignment of Cases for Trial (40(j))
- SCRCP Rule 53, Masters and Special Referees
- South Carolina Judicial Department, FAQs in South Carolina Master-in-Equity Court (hosted by Greenville County)