- Who sends it
- The master-in-equity or other court officer, through a newspaper ad and posted notices; the lender's attorney may also mail you a copy
- What it starts
- The auction on sales day, then 30 more days of bidding if a deficiency is demanded
- Do this first
- Confirm the sale with the master-in-equity's office and get a written payoff from the lender's attorney
What this notice is in South Carolina
S.C. Code Ann. § 15-39-650 requires the property to be advertised for the three weeks immediately before the sales day. Under § 15-39-660, the ad must name the property, the time and place of sale, the owner and the party bringing the case, and be posted at three public places in the county, one of them the courthouse door, as well as published in a newspaper.
The sale is held in the county where the home is, by the master-in-equity in counties that have one (S.C. Code Ann. § 15-39-630). The regular sales day is the first Monday of each month, or Tuesday if that Monday is a legal holiday, between 11 a.m. and 5 p.m. (§§ 15-39-680, 15-39-690). A court order can set a different time.
Deficiency demanded or waived: read the ad
- If the lender waived a deficiency, the ad must say that no personal or deficiency judgment is demanded and that bidding will not stay open after the sale (S.C. Code Ann. § 15-39-760). The sale is final on sales day.
- If a deficiency is demanded, bidding stays open until the 30th day after the sale, not counting sale day. During that time anyone other than the high bidder can enter a higher bid by making the required deposit (§ 15-39-720).
- The lender must make its one bid at the sale and cannot bid again later. If the 30th day is a Sunday, bidding closes the next Monday. The officer reopens bidding at 11 a.m. on the 30th day.
- No deposit can be required before bidding ends, and the deposit cannot be more than 5 percent of the bid (§ 15-39-740). Beaufort County, for example, requires 5 percent by 3 p.m. on sale day and the balance within 30 days.
Deadlines after the sale and how to count them
- Appraisal: within 30 days after the sale, a defendant facing a personal judgment can file a verified petition with the clerk of court for an appraisal by three state-certified or licensed appraisers (S.C. Code Ann. §§ 29-3-680, 29-3-700). If the appraised value minus the sale price equals or exceeds the deficiency, the deficiency is canceled; if less, it is reduced (§ 29-3-740). This right cannot be waived for a home.
- Surplus: if the sale brings more than is owed, claims must be filed within 45 days after the officer files the statement of receipts and disbursements. See the notice of surplus funds.
- Count under SCRCP 6(a): skip the sale day, count the next day as day 1, and if the last day is a weekend or holiday, move to the next business day. Confirm the count with legal aid, because missing the appraisal deadline means the deficiency stands.
What to do this week
- Call the master-in-equity's office in your county to confirm the sale. Many counties post sale lists on the South Carolina Judicial Branch Public Index.
- Ask the lender's attorney for written payoff and reinstatement figures and the status of any application. Only the lender or the court can call off the sale, so get any agreement in writing.
- If a relative or friend may want to bid, have them read the terms of sale in the judgment and ad and bring the deposit.
- Talk to South Carolina Legal Services at 1-888-346-5592 or a bankruptcy lawyer. A bankruptcy filed before the sale creates a federal automatic stay.
- Read what to do when a South Carolina sale date is set, after a South Carolina foreclosure sale and our national notice of sheriff's sale page.
Scam warnings
Sale ads draw offers to stop the auction or to buy your home and rent it back to you. Never pay an upfront fee or sign your deed to a stranger. Report scams to the South Carolina Department of Consumer Affairs or the Attorney General's consumer protection section.
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 are South Carolina foreclosure sales held?
On the first Monday of each month, or the Tuesday after if that Monday is a legal holiday, between 11 a.m. and 5 p.m., at the place stated in the judgment and notice of sale (S.C. Code Ann. §§ 15-39-680, 15-39-690). A court can order a different time.
Why is my South Carolina foreclosure sale not final on sale day?
Because a deficiency was demanded. Under S.C. Code Ann. § 15-39-720, bidding then stays open until the 30th day after the sale so others can bid more, which can lower what you owe.
How long do I have to ask for an appraisal after a South Carolina foreclosure sale?
30 days after the sale, by verified petition to the clerk of court where the order of sale was entered, under S.C. Code Ann. § 29-3-680. You must deposit enough to cover the costs of the appraisal.
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.
- Judgment of Foreclosure and SaleThe 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.
- 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 15, Chapter 39 (§§ 15-39-630 to 15-39-760, 15-39-830), Judicial Sales
- S.C. Code Title 29, Chapter 3 (§§ 29-3-680 to 29-3-740), Appraisal
- SCRCP Rule 71, Foreclosure and Partition
- SCRCP Rule 6, Time
- Beaufort County Master-in-Equity: Foreclosure Information
- South Carolina Department of Consumer Affairs: Consumer Complaints