Summary of South Carolina's Foreclosure Laws

If you are facing foreclosure in South Carolina, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in South Carolina
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of South Carolina foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic

State Rule

Most common type of foreclosure process

Judicial

Notice of the foreclosure

After foreclosing party files lawsuit, borrower has 30 days to respond. After court issues a foreclosure judgment, foreclosing party must publish notice of sale in a newspaper and also post it in three public places three weeks before the sale.

Reinstatement of loan before sale

Not available (unless the mortgage terms allow reinstatement)

Redemption after sale

Not available (though borrower can make an upset bid during the 30-day period that follows the sale if lender waives the right to a deficiency judgment)

Special protections for foreclosures involving high-cost mortgages

If the court finds a violation of the high-cost home loans statute, it may refuse to enforce the agreement, or the term or part that was unlawful, or it may rewrite the agreement to eliminate the unlawful part. In an action to collect a debt, a borrower may assert a violation of the statute as a matter of defense by recoupment or setâ

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