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Quick answer
South Carolina foreclosure goes through the courts. A sale cannot pass title until a court judgment first establishes the debt, and in many counties the case is referred to the county Master-in-Equity. The sale is advertised for three weeks and usually held on the first Monday of the month. If the lender seeks a deficiency, bidding stays open for 30 days after the sale, and you can ask for an appraisal that may reduce what you owe.
When can a South Carolina foreclosure start?
Under federal rules, a mortgage servicer generally cannot make the first foreclosure notice or filing until your loan is more than 120 days delinquent. [1] There are narrow exceptions, such as a due-on-sale violation. [1]
Those months matter. If you send the servicer a complete loss mitigation application more than 37 days before a sale, the servicer generally may not seek a judgment or order of sale, or hold the sale, while it reviews the application, with limited exceptions. [1] Ask your servicer in writing what it needs for a complete application.
South Carolina once had statewide Supreme Court orders on loss mitigation in foreclosure cases. According to a USFN article by an attorney at Hutchens Law Firm, those orders were rescinded on May 17, 2023, though judges may still ask about loss mitigation status or require counsel to confirm or certify it. [2] Check current local practice with an attorney.
The court case and the Master-in-Equity
South Carolina is a judicial foreclosure state. A sale under a mortgage's power of sale does not pass title unless a court judgment first establishes the debt, or the borrower consents in writing after the loan matures. [3]
The lender usually starts by filing a summons and complaint, with a lis pendens, in the Court of Common Pleas. [3] Counties of at least 130,000 people have a Master-in-Equity, and smaller counties may have one. When a case is referred to the master, the master enters final judgment and makes the court's sales. [4] The court can enter judgment on the debt and order a sale at the same time. [3] Read every paper you are served and note any deadline to answer. If you are unsure what a paper means, ask a South Carolina attorney.
A lis pendens is a public notice, filed in the county records, that a lawsuit affects the property. It does not take your title. You still own the house while the case moves forward, and you can still talk with your servicer, a housing counselor, or an agent about your options. A sale you arrange yourself has to pay off the loan, so a closing attorney will ask the lender for a payoff figure. The complaint also tells you whether the lender is asking for a deficiency judgment, which affects how bidding works after the sale. [5]
Sale day, bidding and when you must move
The sale must be advertised for three weeks before sale day. [5] Notice goes up in three public places in the county, one at the courthouse door, and runs in a newspaper. [5] Judicial sales are held on the first Monday of the month, or Tuesday if Monday is a legal holiday, between 11 and 5 o'clock. [5]
In foreclosure sales, bidding normally stays open until the 30th day after the sale. [5] If the complaint waives any deficiency judgment, the ad must say so, and bidding closes on sale day. [5]
Lexington County's Master-in-Equity explains that you remain the owner until the buyer receives a deed from the court. [6] After that, the buyer's taking possession can happen 5 to 45 days after the sale is completed. [6] Other counties may describe timing differently.
South Carolina foreclosure stages (general outline)
Stage
What happens
Source
Missed payments
First foreclosure filing generally not before 120+ days delinquent
12 CFR 1024.41(f)
Court case
Summons, complaint and lis pendens; case often referred to the Master-in-Equity
S.C. Code 29-3-650; 14-11-85
Judgment and order of sale
Debt established by judgment before any sale
S.C. Code 29-3-630
Advertising
Three weeks of notice, posted and published
S.C. Code 15-39-650, -660
Sale day
First Monday of the month, 11 to 5
S.C. Code 15-39-680, -690
Bidding period
Open 30 days after sale, unless deficiency waived
S.C. Code 15-39-720, -760
Deficiency appraisal
Request within 30 days after sale
S.C. Code 29-3-680
Deed and possession
Owner until court deed; possession 5 to 45 days after sale (Lexington County)
Lexington County Master FAQ
Deficiency judgments and the appraisal right
If the sale brings less than the debt and you are personally liable, the court can order you to pay the rest. [3] Within 30 days after the sale, a defendant facing a personal judgment can ask for an appraisal. [3] Three state-certified appraisers value the property. You name one, the lender names one, and the court names the third. [3]
If the appraised value minus the sale price covers the deficiency, the judgment is cancelled. If it covers part of it, the deficiency is reduced by that amount. [3] For a foreclosure of a dwelling place, this appraisal right cannot be waived. [3]
Is there a right to redeem after the sale?
The code sections reviewed for this guide, S.C. Code Title 29 Chapter 3 and Title 15 Chapter 39, show no post-sale redemption period. [3][5] That does not settle the question for your case. Ask a South Carolina attorney what rights you have before and after sale day.
Your options, including ones that are not selling
Talk to your servicer about a repayment plan, forbearance or loan modification.
Call a HUD-approved housing counselor. They advise on defaults, forbearances and foreclosures, often at little or no cost. [7]
Refinance if your income and equity allow it.
Short sale or deed in lieu, both of which need the lender's approval.
List with an agent if there is time and equity.
Sell for cash. Cash offers are usually below full market value, and some investors assign their contract to another buyer for a fee. Compare options in cash offer vs. listing.
Talk to a foreclosure attorney about your answer to the complaint and your rights.
Be careful with upfront fees and keep-living-there deals
Be cautious of anyone who offers to take the deed while you keep living in the house as a tenant, or who asks for money before your lender agrees to anything. Federal Regulation O bars paid mortgage relief providers from collecting fees before you sign a written agreement with your lender or servicer, and from telling you not to contact your lender. [8] Keep talking to your servicer, and have an attorney read any offer that involves signing over your home.
Common questions
How long does foreclosure take in South Carolina?
It varies by county and case. Federal rules generally bar the first filing until the loan is more than 120 days delinquent, then the case goes through court, three weeks of sale advertising, and often a 30-day bidding period. [1][5]
Who is the Master-in-Equity?
A judicial officer in many South Carolina counties. When a case is referred to the master, the master enters final judgment and makes the sale. [4] The sale happens on the regular sale day, the first Monday of the month. [5]
Do I still own my house after the foreclosure sale?
According to Lexington County's Master-in-Equity, you remain the owner until the buyer receives a deed from the court. [6]
Can I owe money after a South Carolina foreclosure?
Yes, if you are personally liable and the lender seeks a deficiency. You can ask for a three-appraiser appraisal within 30 days after the sale, which may reduce or cancel the deficiency. [3]
Can I get my house back after the sale?
The code sections reviewed show no post-sale redemption period. This is not settled for every case, so ask a South Carolina attorney.
This guide was drafted with AI writing tools, working from the official sources listed on this page. A separate fact-checking pass opened every cited source and checked each rule, deadline and number against it; anything a source did not support was removed. Marcus L. Barber, the publisher, then read and approved the full page, including the text, questions and answers, title and search description before it was published.
This page is general information, not legal, tax or financial advice, and it has not been reviewed by a North Carolina or South Carolina attorney. Laws and court rules change; check the linked source or ask a lawyer about your situation. See our editorial policy. Spot an error? Email support@soldasishouses.com.
Publisher of Sold As Is Houses, based in Gastonia, NC. Former licensed P&C producer (Maryland, 2010 to 2012), not currently licensed. Not a real estate broker, attorney or home buyer.
