South Carolina Foreclosure Law

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South Carolina Foreclosure Laws

Typical South Carolina Foreclosure Time Frame – Varies

Judicial Foreclosure – Yes

Non-Judicial Foreclosure – No

Types of Security Instruments – Mortgage

Right of Redemption Period – No

South Carolina foreclosure laws only allow lenders seeking to remedy a defaulted mortgage the option of using a judicial foreclosure.  In order to obtain a judicial foreclosure the lender is required to sue the borrower in the court where the property is located. 

In the event that the borrower is found to be in default, the court will set a period for the borrower to correct the default in accordance with South Carolina foreclosure law.  In the event that the default is not cured, the court will order the sale of the property. 

A notice of sale is required to be published in the local public newspaper for the area in which the property is located a minimum of one a week for three weeks.  In addition, a copy of the notice must also be posted at the courthouse and two various other public locations in the same area as the property.  These notices must be posted a minimum of three weeks before the date of the sale.

In a South Carolina foreclosure, the sale itself must be conducted on the first Monday of the month, between the hours of 11a.m. and 5p.m.  The sheriff for the county in which the property is located is required to conduct the sale at the courthouse.  South Carolina foreclosure laws allow bidders to continue placing bids for 30 days after the date of the sale.  In the event that a buyer is determined at the sale and another successful bid comes in after the sale all money received from the buyer will be returned.

Assuming that no parties to the sale file an objection to the sale price, the sheriff will provide a deed to the successful bidder after three months from the sale date. 

Lenders are permitted under South Carolina foreclosure laws to sue for deficiency judgments; however, borrowers are not entitled to any rights of redemption.

For more information on South Carolina foreclosure laws click here.

 

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The information found on this site is not intended to be legal advice. The foreclosure process is highly case specific and laws vary throughout the United States. Please seek professional legal counsel before entering into any contract regarding any real property or stopping the foreclosure on any real property. By using this site you consent to the terms posted here.