Foreclosure Procedures in South Carolina

South Carolina conducts only Judicial foreclosure.Foreclosure procedure takes place as follows:
What is the processing period for foreclosure inA notice of sale with date/time/place of sale,
South Carolina?borrower’s name and lender’s name
Processing period is around 5 months (150 days).should be posted at the courthouse door and two
Is there any right of redemption in South Carolinaother public places in county, minimum three
for foreclosure?weeks before the sale. During the same period,
South Carolina does not offer right of redemption.notice should be published in local newspaper of
Are deficiency judgements permitted in Souththe county. Generally sale is conducted by the
Carolina?sheriff at the courthouse on the first Monday of
Deficiency judgements are permitted in Southeach month between 11 a.m. to 5 p.m. If Monday
Carolina.is holiday, then sale occurs on Tuesday.
Which law provision governs foreclosure in SouthIn South Carolina, although the sale is ended, the
Carolina?auction is actually open for 30 days after the
The laws which govern foreclosure in Southpublic sale. During this period, upset bidding
Carolina Code of Laws (2004) Title 29 (Mortgageshappens, in which anyone can bid higher to the
and Other Liens), Chapter 3, Article 7price decided on public sale. At the end of 30
(Foreclosures) (Section 29-3-610 et. seq.).days, the property is sold to highest bidder and
What happens during Judicial Foreclosure in Southearlier bidders are entitled for refund of deposit. If
Carolina?the bid during the public sale is highest, the
In this, before starting the foreclosure procedure,property is filed with the sheriff’s office within
the lender needs to file a complaint against thethree months after the sale, the sale gets
borrower and obtain a decree of sale from aconfirmed and sheriff will transfer deed to the
court having jurisdiction in the county wherepurchaser.
property is situated. Generally, the borrower isThis is legal information; it should not be treated
given some time to pay debt; if he fails to payas legal advice.
then the court will issue notice of sale.