How Foreclosure Works in South Carolina
Whether South Carolina forecloses through the courts or by power of sale, the notices required, the time frames set by law, and how to catch up before the sale.
Short answer: 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
| 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. |
More South Carolina foreclosure & homeowner law
- Redemption and Deficiency Judgments in South Carolina
- Getting Your Home Back After a Tax Sale in South Carolina
- All South Carolina foreclosure & homeowner law rules
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.
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.