South Carolina Foreclosure Laws
Attorney General's Office
P.O. Box 11549
Columbia, SC 29211
Ph: (803) 734-3970
Fax: (803) 734-4323
Foreclosure Laws in South Carolina
Judicial Foreclosure: Yes
Non-Judicial Foreclosure: No
Security Instruments: Mortgage
Right of Redemption: No
Deficiency Judgments: Yes. Limited
Time Frame: Varies
Public Notice: Complaint
Judicial foreclosure: South Carolina requires the lender to sue
the borrower in the court having jurisdiction over the county in which the property
is located. If the court finds the borrower to be in default, a time is set during
which the borrower may cure the default. If the borrower fails to do so, the court
will issue an order of sale.
A notice of sale: Must be published for three weeks prior to the
date of sale and posted at the courthouse and two other public places three weeks
prior to the sale.
The sale: Shall be conducted on the first Monday of the month between
the hours of 11:00 AM and 5:00 PM as a public auction by the sheriff at the courthouse
in the county in which the property is located.
Following the close of bidding: The auction shall remain open for
30 days and additional bids accepted. In the event the successful bidder at the
public auction is displaced, that bidder is entitled to a full refund of any monies
paid.
If no objection to the sale price: Has been filed with the sheriff
within three months of the sale date, the sale will be considered confirmed and
the sheriff will provide a deed to the successful bidder.
Lenders may sue for any deficiency balance, and the borrower has no right of redemption.
Laws:
