South Carolina Foreclosure Laws: Process, Timeline and Your Rights
South Carolina foreclosure rules: judicial or non-judicial, required notices, time frames, right to cure, redemption period, deficiency judgments, HOA liens and help for homeowners.
Quick answers for South Carolina
- Judicial or non-judicial
- Judicial. A sale under a power of sale in a mortgage is not valid to pass title unless the debt is first established by a court judgment (or the debtor consents in writing to the amount after it matures, within 12 months before the sale). S.C. Code Ann. §§ 29-3-630, 29-3-640; South Carolina Judicial Branch, FAQ in SC Master-in-Equity Court
- Time frames set by law
- Time frames set by law: 30 days to answer the foreclosure complaint (under the South Carolina Rules of Civil Procedure), and three weeks of advertising before a judicial sale. S.C. Code Ann. §§ 15-39-650, 15-39-680, 15-39-720, 15-39-760
- Deficiency judgments
- Yes. In a foreclosure, the court may order a borrower who is personally liable to pay any amount of the debt left unpaid after the sale, unless the lender waived it. S.C. Code Ann. §§ 29-3-660, 29-3-680, 29-3-700, 29-3-740, 15-39-720
Last verified: 2026-10-27
How foreclosure works
| Judicial or non-judicial | Judicial. A sale under a power of sale in a mortgage is not valid to pass title unless the debt is first established by a court judgment (or the debtor consents in writing to the amount after it matures, within 12 months before the sale). In practice, the lender files a foreclosure summons and complaint, and foreclosure cases are typically heard by a Master-in-Equity (or a special referee in counties without one). |
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| Required notices | The homeowner is served with a foreclosure summons and complaint and has 30 days to file a written answer; calling the lender or its attorney does not count as an answer. After judgment, the sheriff (or other sales officer) must publicly advertise the sale for three weeks before the sale day, stating the property, time and place of sale, the owner's name and the party bringing the case, posted at three public places in the county (including the courthouse door) and published in a newspaper. |
| Time frames set by law | Time frames set by law: 30 days to answer the foreclosure complaint (under the South Carolina Rules of Civil Procedure), and three weeks of advertising before a judicial sale. Regular judicial sale day is the first Monday of the month (the next Tuesday if that Monday is a legal holiday). If a deficiency judgment is sought, bidding stays open for 30 days after the sale (excluding the sale day) so others can submit higher "upset" bids. |
| Foreclosure mediation | There is currently no statewide court-ordered foreclosure intervention program. In 2023 the Supreme Court of South Carolina rescinded its 2009 and 2011 administrative orders, which had required lenders to serve a notice of the right to foreclosure intervention with the summons and complaint. The rescission order says lenders must still follow federal loss mitigation rules, judges may still ask about the status of loss mitigation before a hearing, order or sale, and the lender's attorney remains the borrower's point of contact for loss mitigation. |
After the sale
| Deficiency judgments | Yes. In a foreclosure, the court may order a borrower who is personally liable to pay any amount of the debt left unpaid after the sale, unless the lender waived it. A defendant facing a personal (deficiency) judgment may, within 30 days after the sale, petition the clerk for an appraisal of the property by three licensed or certified appraisers; if the appraised value minus the sale price equals or exceeds the deficiency, the judgment is cancelled, and otherwise it is reduced by that amount. When a deficiency is sought, bidding remains open for 30 days after the sale. |
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| Tenants in a foreclosed home | The South Carolina Judicial Branch's Master-in-Equity FAQ tells tenants with a lease in a property being foreclosed that they may have rights under federal law, the Protecting Tenants at Foreclosure Act of 2009, that could allow them to stay in the home for a period of time. No South Carolina statute on tenants in foreclosed homes was reviewed. |
HOAs, taxes and selling
| Property tax sales | After a delinquent property tax sale, the defaulting taxpayer, a later owner, or a mortgage or judgment creditor may redeem the real estate within 12 months from the sale date by paying the delinquent taxes, assessments, penalties and costs plus interest on the bid amount, which rises with time: 3% in the first three months, 6% in months four to six, 9% in months seven to nine, and 12% in the last three months. The tax collector must mail a certified-mail notice 20 to 45 days before the redemption period ends. |
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| Seller disclosure | Yes. Unless the transfer is exempt (for example, court-ordered and foreclosure sales, transfers to a lender after default, and transfers by fiduciaries), the owner of residential real property must give the buyer a written disclosure statement in the form promulgated by the South Carolina Real Estate Commission, covering items such as the water and sewage systems, roof and structure, plumbing, electrical and HVAC systems. An owner who knowingly fails to comply or gives false or misleading information is liable for the buyer's actual damages. |
Getting help
| Free help for homeowners | SC Housing (the state housing finance agency) asks its own borrowers who are behind to call its loss mitigation department at 800-476-0412 (Option 5). For any homeowner, it points to free HUD-approved housing counselors at 17 agencies across South Carolina and to the 24/7 HOPE hotline, 888-995-HOPE (4673). Source: SC Housing, Avoid Foreclosure |
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Foreclosure & Homeowner Law FAQ
Is South Carolina a judicial or non-judicial foreclosure state?
Judicial. A sale under a power of sale in a mortgage is not valid to pass title unless the debt is first established by a court judgment (or the debtor consents in writing to the amount after it matures, within 12 months before the sale). In practice, the lender files a foreclosure summons and complaint, and foreclosure cases are typically heard by a Master-in-Equity (or a special referee in counties without one).
What notice is required before a foreclosure sale in South Carolina?
The homeowner is served with a foreclosure summons and complaint and has 30 days to file a written answer; calling the lender or its attorney does not count as an answer. After judgment, the sheriff (or other sales officer) must publicly advertise the sale for three weeks before the sale day, stating the property, time and place of sale, the owner's name and the party bringing the case, posted at three public places in the county (including the courthouse door) and published in a newspaper.
How long does foreclosure take in South Carolina?
Time frames set by law: 30 days to answer the foreclosure complaint (under the South Carolina Rules of Civil Procedure), and three weeks of advertising before a judicial sale. Regular judicial sale day is the first Monday of the month (the next Tuesday if that Monday is a legal holiday). If a deficiency judgment is sought, bidding stays open for 30 days after the sale (excluding the sale day) so others can submit higher "upset" bids.
Can the lender come after you for the rest of the loan after foreclosure in South Carolina?
Yes. In a foreclosure, the court may order a borrower who is personally liable to pay any amount of the debt left unpaid after the sale, unless the lender waived it. A defendant facing a personal (deficiency) judgment may, within 30 days after the sale, petition the clerk for an appraisal of the property by three licensed or certified appraisers; if the appraised value minus the sale price equals or exceeds the deficiency, the judgment is cancelled, and otherwise it is reduced by that amount. When a deficiency is sought, bidding remains open for 30 days after the sale.
Does South Carolina have a foreclosure mediation program?
There is currently no statewide court-ordered foreclosure intervention program. In 2023 the Supreme Court of South Carolina rescinded its 2009 and 2011 administrative orders, which had required lenders to serve a notice of the right to foreclosure intervention with the summons and complaint. The rescission order says lenders must still follow federal loss mitigation rules, judges may still ask about the status of loss mitigation before a hearing, order or sale, and the lender's attorney remains the borrower's point of contact for loss mitigation.
What happens to tenants when a rental home is foreclosed in South Carolina?
The South Carolina Judicial Branch's Master-in-Equity FAQ tells tenants with a lease in a property being foreclosed that they may have rights under federal law, the Protecting Tenants at Foreclosure Act of 2009, that could allow them to stay in the home for a period of time.
What must a home seller disclose in South Carolina?
Yes. Unless the transfer is exempt (for example, court-ordered and foreclosure sales, transfers to a lender after default, and transfers by fiduciaries), the owner of residential real property must give the buyer a written disclosure statement in the form promulgated by the South Carolina Real Estate Commission, covering items such as the water and sewage systems, roof and structure, plumbing, electrical and HVAC systems. An owner who knowingly fails to comply or gives false or misleading information is liable for the buyer's actual damages.
How do you get your home back after a tax sale in South Carolina?
After a delinquent property tax sale, the defaulting taxpayer, a later owner, or a mortgage or judgment creditor may redeem the real estate within 12 months from the sale date by paying the delinquent taxes, assessments, penalties and costs plus interest on the bid amount, which rises with time: 3% in the first three months, 6% in months four to six, 9% in months seven to nine, and 12% in the last three months. The tax collector must mail a certified-mail notice 20 to 45 days before the redemption period ends.
Where can homeowners get free foreclosure help in South Carolina?
SC Housing (the state housing finance agency) asks its own borrowers who are behind to call its loss mitigation department at 800-476-0412 (Option 5). For any homeowner, it points to free HUD-approved housing counselors at 17 agencies across South Carolina and to the 24/7 HOPE hotline, 888-995-HOPE (4673).
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.