- Who sends it
- The master-in-equity or other officer who held the sale, when it files its report of the sale
- What it starts
- 45 days from the filing of the statement of receipts and disbursements to file a sworn claim
- Do this first
- Find the filing date of the report, fill out the claim, and mail or deliver it to the master's office well before day 45
What this notice is in South Carolina
Under SCRCP 71(b), the officer who held the sale pays the costs of the sale and the amounts the judgment ordered paid, then files a report of the sale and of all receipts and disbursements. Any surplus stays with that officer.
SCRCP 71(c) requires the officer, when filing that report, to send a notice of the surplus to all parties who appeared in the case. Greenville County's master says its Notice of Surplus Funds goes to all defendants and lienholders of record, usually with instructions and a sample claim form. Other counties may differ, so if you did not answer the lawsuit, check the court file yourself.
How to claim and how to count the 45 days
- Any party to the case, or anyone who had a lien on the home at the time of the sale, can file a claim (SCRCP 71(c)).
- The claim must be verified or supported by an affidavit and must state your name, the nature of your claim, the date it arose and how you calculated the amount.
- File it with the master or the officer who held the sale, not with the lender, within 45 days from the date the statement of receipts and disbursements was filed. Under SCRCP 6(a), do not count the filing day; if day 45 is a weekend or holiday, the deadline moves to the next business day.
- A claim not filed in time is treated as abandoned and waived. Only people who filed on time get notice of the hearing.
What happens next
- After the 45 days, the master sets a hearing to take proof of the claims. A second mortgage lender, a judgment creditor, or a tax agency with a lien may be paid ahead of you, according to priority.
- If no one files a claim, the money is paid to the owner or lienholder entitled to it. If that person cannot be found, it is handled as an abandoned fund.
- Greenville County says the process usually takes about three months from the time the surplus is set until checks are written.
- When bidding stayed open 30 days because a deficiency was demanded, the final price and any surplus are not known until after that period. See South Carolina foreclosure surplus funds.
What to do this week
- Call the master-in-equity's office, give your case number, and ask the amount of the surplus and the date the report was filed.
- Give the master's office and the Postal Service your current mailing address.
- Fill out the claim, sign it under oath or attach an affidavit, and keep a copy and proof of delivery.
- If a lender or other lienholder also claims the money, call South Carolina Legal Services at 1-888-346-5592 for help preparing for the hearing.
- Read our national surplus funds notice page.
Be careful with surplus recovery offers
Greenville County's master notes that you may file a claim yourself without an attorney or third party, unless you are claiming for a business. We found no South Carolina cap on fees for help claiming surplus still held by a master. If money is later turned over to the State Treasurer as unclaimed property, S.C. Code Ann. § 27-18-360 makes a fee agreement signed within 24 months of the turnover unenforceable and makes charging more than 15 percent a crime. Do not sign away a share of your surplus before talking to legal aid.
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
How long do I have to claim surplus after a South Carolina foreclosure sale?
45 days from the date the statement of receipts and disbursements is filed, under SCRCP 71(c). A late claim is treated as abandoned and waived as to the surplus.
Where do I file a South Carolina surplus claim?
With the master-in-equity or other officer who conducted the sale. The claim must be sworn or supported by an affidavit and show your name, the nature and date of your claim, and how you calculated the amount.
Do I need a lawyer to claim South Carolina surplus funds?
The rule does not require one, and Greenville County's master says individuals can file without an attorney or third party. If other creditors also claim the money, free legal aid can help at the hearing.
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.
- 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.