- Who sends it
- The master-in-equity issues it at the buyer's request; the county sheriff carries it out
- What it starts
- Removal of the occupants by the sheriff's office
- Do this first
- Call the sheriff's civil division for the date and call South Carolina Legal Services the same day
What this document is in South Carolina
When the buyer has paid the bid, the officer who held the sale must sign a deed to the buyer (S.C. Code Ann. § 15-39-830; SCRCP 71(b)). The court's FAQ says you own the home and may stay until it is sold and the master issues a deed. Greenville County's master explains that once the buyer receives the deed, the buyer is entitled to possession and you must give it up, which can be anywhere from 5 to 45 days after the sale is completed.
If you stay, the buyer can ask the master for a writ of assistance. It orders the sheriff to remove the people living there and their personal property. We did not find a South Carolina statute or court rule that sets how many days of notice come before removal.
How the timing usually runs
- Sale day. If a deficiency was demanded, bidding stays open until the 30th day after the sale, so the sale is not final yet.
- Compliance date. The buyer pays by the date set in the judgment, for example 30 days in Beaufort County.
- Deed. The master signs the deed after payment. Greenville County says this can take a week or longer.
- Writ. Only after the deed can the buyer seek a writ of assistance. Greenville County requires buyers to contact the sheriff's civil division before removing anyone or anything from the home.
What it does and does not mean
- It is a court order. It is not something the buyer can carry out alone; the sheriff's office enforces it.
- It does not reopen the foreclosure or give you a right to buy the home back. We found no South Carolina right of redemption after a mortgage foreclosure sale.
- If you rent the home, the court's FAQ says tenants may have rights under federal law to stay for a time and suggests asking the master. See tenant notice after foreclosure.
- Leaving does not end your claim to any surplus. Give the master's office your new address.
What to do this week
- Call the sheriff's civil division named on the writ and ask when it will be carried out.
- Call South Carolina Legal Services at 1-888-346-5592. Tell them if you are a tenant.
- Ask the buyer, or the lender's attorney if the lender bought the home, for a short written move-out agreement or a cash for keys offer.
- Move important papers, medicine, pets and valuables first.
- Read after a South Carolina foreclosure sale and our national writ of possession 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
How long do I have to leave after a South Carolina foreclosure sale?
No statute sets a number of days. You can stay until the buyer gets the master's deed. Greenville County's master says that can be 5 to 45 days after the sale is completed, and later if bidding stayed open 30 days. After that, the buyer can seek a writ of assistance.
Who carries out a South Carolina writ of assistance?
The county sheriff. The writ is issued by the master-in-equity at the buyer's request and directs the sheriff to remove the occupants and their belongings.
Can I stop a South Carolina writ of assistance?
Only a court can change or delay it. Call South Carolina Legal Services or a lawyer right away, and ask the buyer for a written move-out date.
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.
- 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 (§§ 15-39-720, 15-39-830), Judicial Sales
- SCRCP Rule 71, Foreclosure and Partition
- Greenville County Master-in-Equity: FAQs and Links for Defendants in Foreclosure Actions
- Greenville County Master-in-Equity: Third Party Purchaser Post-Sale Procedure
- 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)
- Beaufort County Master-in-Equity: Foreclosure Information