Summary of South Carolina's Foreclosure Laws

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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

Time to respond

After foreclosing party files lawsuit, homeowner has 20 to 30 days to respond. After court issues a foreclosure judgment, foreclosing party must publish notice of sale and also post it in three public places three weeks before the sale.

Reinstatement of loan before sale

Not available

Redemption after sale

Not available

Special protections for foreclosures involving high-cost mortgages

Some weak protections, but not likely to provide a defense against foreclosure. South Carolina High-Cost and Consumer Home Loans Act, S.C. Code Ann. §§ 37-23-10 to 37-23-85

Special state protections for service members

None

Deficiency judgments

Allowed as part of the foreclosure lawsuit

Cash exempted in bankruptcy

$5,000 for one person, $10,000 for a married couple

Notice to leave after house is sold

Former owner entitled to ten days’ notice of termination. S.C. Code Ann. §§ 27-37-10 to 27-37-160

Foreclosure statutes

S.C. Code Ann. §§ 15-39-610, 29-3-630 to 29-3-790

by: , J.D.

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