- Who sends it
- The lender's attorney, served on you by the sheriff, a process server, mail or, in some cases, newspaper publication
- What it starts
- 30 days after service to serve and file a written answer
- Do this first
- Write down the date you were served and call South Carolina Legal Services at 1-888-346-5592
What these papers are in South Carolina
S.C. Code Ann. § 29-3-630 says a sale under a mortgage does not pass title unless the debt is first established by a court judgment, or you agree to the amount in writing after the debt is due. That is why the lender files a lawsuit. The papers usually include a summons, a complaint and a notice of pendency of action (lis pendens).
The lis pendens is a public notice filed in the county records that a lawsuit affects your home. In a mortgage foreclosure it must be filed at least 20 days before judgment and must give the date of the mortgage and where it was recorded (S.C. Code Ann. § 15-11-10). It does not mean the home is sold. See our national lis pendens page.
The complaint may name other defendants, such as a co-owner, a second mortgage lender or someone with a judgment against you. The court's FAQ explains that the lender names everyone it believes has an interest in the property.
How to count your 30 days
- SCRCP 12(a) says you must serve your answer within 30 days after the complaint is served on you.
- Under SCRCP 6(a), do not count the day you were served. Day 1 is the next day. If day 30 falls on a Saturday, Sunday or a state or federal holiday, the deadline moves to the next day that is not one of those.
- File your original answer with the Clerk of Court and mail a copy to the lender's attorney and every other party, as the court's FAQ for self-represented defendants explains. Keep a copy.
- Calling the lender or its attorney does not count as an answer. Neither does working on a loan modification: the court's FAQ says the case does not stop while you talk.
What it does and does not mean
- It is not a judgment and not a sale date. You own the home and can stay in it until it is sold and the court issues a deed to the buyer.
- Read the complaint for the words about a deficiency. If it says no personal or deficiency judgment is demanded and that right is waived, the sale will be final on sale day. If it demands one, bidding stays open 30 days after the sale and you could owe the shortfall if you are personally liable (S.C. Code Ann. §§ 15-39-720, 15-39-760, 29-3-660).
- If you do not answer, the case can go forward without your side, and under SCRCP 71(a) only parties who have appeared and filed pleadings are entitled to the usual notice of hearings.
- South Carolina's old foreclosure intervention orders were rescinded on May 17, 2023, so you may not get a Notice of Foreclosure Intervention. The Supreme Court's 2023 order says lenders must still follow federal loss mitigation rules and the lender's attorney is your point of contact for any modification.
What to do this week
- Mark day 30 on your calendar. Count from the day after you were served.
- Apply to South Carolina Legal Services online or through its intake line, 1-888-346-5592. If you do not qualify, use the South Carolina Bar's Find a Lawyer tools.
- Send your servicer a complete loss mitigation application and copy the lender's attorney named on the complaint. Keep proof of what you sent and when.
- Talk to a free HUD-approved counselor. SC Housing lists counselors at 17 agencies across the state. If SC Housing services your loan, call its loss mitigation department at 800.476.0412, option 5.
- Ask the lender's attorney in writing for a payoff figure and a reinstatement figure. South Carolina has no statute giving you a right to reinstate, so catching up works only if the lender agrees.
- Read how a South Carolina foreclosure works and how to stop a foreclosure in South Carolina.
Scams that follow a filing
Foreclosure filings are public, and rescue companies watch them. We did not find a South Carolina law aimed only at foreclosure consultants, but a federal rule bans most upfront fees for mortgage relief help. SC Housing warns that offers claiming a link to its old Homeowner Rescue program are not endorsed by the agency. Never sign over your deed or pay upfront. Report scams to the South Carolina Department of Consumer Affairs. See is this letter a scam and South Carolina foreclosure help.
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 answer a foreclosure lawsuit in South Carolina?
30 days after the summons and complaint are served on you, under SCRCP 12(a). Do not count the day of service, and if the last day is a weekend or holiday, the deadline moves to the next business day under SCRCP 6(a).
Does my South Carolina lender have to go to court to foreclose?
Yes. S.C. Code Ann. § 29-3-630 says a mortgage sale does not pass title unless the debt is first established by a court judgment, or the borrower agrees to the amount in writing after the debt is due.
How do I know if a deficiency is demanded in my South Carolina case?
Read the complaint. If it states that no personal or deficiency judgment is demanded and that right is expressly waived, the sale notice must say so and bidding closes on sale day. Otherwise, expect bidding to stay open 30 days after the sale.
Is there foreclosure mediation in South Carolina?
We did not find a statewide program. The Supreme Court's May 17, 2023 order lets the master or judge ask about loss mitigation before a final hearing, judgment or sale, and the lender's attorney must give the court reliable information about it.
Other South Carolina letters
- 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.
- 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 (§§ 29-3-630, 29-3-660), Mortgages and Deeds of Trust Generally
- S.C. Code Title 15, Chapter 11 (§§ 15-11-10, 15-11-30), Lis Pendens
- S.C. Code Title 15, Chapter 39 (§§ 15-39-720, 15-39-760), Judicial Sales
- SCRCP Rule 12, Defenses and Objections
- SCRCP Rule 6, Time
- SCRCP Rule 71, Foreclosure and Partition
- Supreme Court of South Carolina, Order of May 17, 2023, Rescission of Administrative Orders Governing Mortgage Foreclosure Actions
- South Carolina Judicial Department, FAQs in South Carolina Master-in-Equity Court (hosted by Greenville County)
- SC Housing: Avoid Foreclosure