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
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	No
Redemption after sale	No
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 10 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