- Who sends it
- The clerk of court or a circuit judge signs the order of reference; the lender's attorney or the court sends the notice of hearing
- What it starts
- A final hearing where the master sets the debt and can order a sale
- Do this first
- Look up your case on the county's Public Index, review the lender's debt and fee affidavits, and gather proof of payments and applications
What these papers are in South Carolina
SCRCP 71(a) says foreclosure cases are tried by the court and ordinarily referred to a master. Under SCRCP 53(b), a circuit judge or the clerk of court can sign the order of reference in a foreclosure case. Once referred, the master-in-equity has all the power a circuit judge sitting without a jury would have (SCRCP 53(c)). In counties without a master, the court may appoint a special referee, who is a lawyer acting as the judge.
The notice of hearing tells you when and where the master will hear the case. In Horry and Georgetown counties, a 2026 local rule sends foreclosure cases to the master automatically if they are not referred within six months.
What the master decides at the hearing
- The total debt. SCRCP 71(a) requires the master to state at least the principal due at default, the interest rate and interest from default to the hearing, escrow amounts due or credited, collection costs, and allowable attorney fees through the end of the case.
- Proof. The lender must prove the facts in its complaint and give evidence of payments made and credits due. Bring your own records of payments and anything the servicer did not credit.
- Lis pendens. Before the judgment, the master must make sure the lis pendens rules were followed.
- Parcels. Any party who has appeared can show that the debt can be paid by selling part of the land instead of all of it.
- Loss mitigation. The Supreme Court's May 17, 2023 order lets the master ask about the status of loss mitigation before scheduling a final hearing, entering judgment or holding a sale.
Notice and timing rules
- Only parties who have appeared and filed pleadings are entitled to the usual notice of hearings (SCRCP 71(a)). If you answered, you should get notice of each hearing.
- If you have appeared and the lender asks for a default judgment, you must get written notice at least 3 days before that hearing (SCRCP 55(b)(2)).
- Some counties hold default hearings that you may attend even if you did not answer. Greenville County's master tells defendants at these hearings that the lender's debt and attorney fee affidavits are filed ahead of time and can be read online.
- The court's FAQ says that if you did not answer the complaint, you may not have the right to testify or call witnesses at the hearing.
What to do this week
- Look up your case number on the South Carolina Judicial Branch Public Index for your county and read the lender's filings.
- Write down any charges that look wrong: late fees, inspection fees, attorney fees, escrow.
- Bring proof of your loss mitigation application, the date you sent it and any answers from the servicer. The lender's attorney is the point of contact for loss mitigation in South Carolina cases, so copy that attorney on everything.
- Call South Carolina Legal Services at 1-888-346-5592 before the hearing date.
- Read how long a South Carolina foreclosure takes and the next step, the judgment of foreclosure and sale.
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.
Common questions
What is a master-in-equity in a South Carolina foreclosure?
A judge who hears cases referred by the circuit court. Under SCRCP 53(c), once a case is referred, the master has the power of a circuit judge sitting without a jury. The master figures the debt, signs the judgment and conducts the sale.
Do I have to go to my South Carolina foreclosure hearing?
You are not required to, but you have a right to be there, and it is your chance to question the amount claimed and tell the court about any loan modification review. The court's FAQ strongly encourages you to attend.
Will I get notice of the hearing if I did not answer in South Carolina?
Not necessarily. SCRCP 71(a) says only parties who have appeared and filed pleadings are entitled to the usual notice of hearings. Some counties still send notice or hold default hearings, but filing an answer is the way to make sure you are notified.
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.
- 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.
- 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
- SCRCP Rule 71, Foreclosure and Partition
- SCRCP Rule 53, Masters and Special Referees
- SCRCP Rule 55, Default
- Supreme Court of South Carolina, Order of May 17, 2023
- Greenville County Master-in-Equity: Basic Default Hearing Information
- South Carolina Judicial Department, FAQs in South Carolina Master-in-Equity Court (hosted by Greenville County)