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.


State Rule

Most common type of foreclosure process


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 following sale, if lender demands 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 set‑off in such action. S.C. Code Ann. § 37-23-50

Special state protections for service members


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

The foreclosing party (who is typically the purchaser at the sale) may include an eviction as part of the foreclosure action and get a writ of assistance from the court.

Foreclosure statutes

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

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