State Foreclosure Law

South Carolina Foreclosure Laws

Foreclosure laws, timelines, homeowner protections, and free legal resources for South Carolina.

Process
Judicial
Through the court system §
Typical Timeline
~365 days
From first notice to sale
Homestead Exemption
$50,000
Automatic — no filing required
Deficiency Judgment
Allowed
Lender may pursue remaining balance
Research depth: Standard · Last reviewed March 10, 2026 · Awaiting attorney validation
3 cited
17 needs check
5 gaps
Not legal advice. This page provides general information about South Carolina foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a South Carolina-licensed attorney for situation-specific advice.

For a step-by-step guide to options and resources, see the South Carolina Foreclosure Guide →

On this page

Governing Statutes

Citation Title Covers
S.C. Code Ann. § 29-3-610 et seq. Foreclosure of Real Estate Mortgages Judicial foreclosure process through Master-in-Equity or Circuit Court, lis pendens, sale procedures
S.C. Code Ann. § 15-39-650 et seq. Deficiency Judgment Deficiency judgment procedures — no fair market value credit requirement, 2-year statute of limitations
S.C. Code Ann. § 15-41-30 Homestead Exemption $50,000 homestead exemption for individual debtors
S.C. Code Ann. § 27-31-10 et seq. SC Residential Foreclosure Intervention Act Foreclosure intervention program, mandatory mediation for owner-occupied primary residences

Judicial Foreclosure Process

Awaiting verification
1
Default and CFPB Pre-Filing Period
~120 days
After the borrower misses payments and is in default, CFPB Regulation X (12 CFR 1024.41) requires federally-related mortgage servicers to wait at least 120 days from the date of delinquency before filing a foreclosure complaint. During this period, servicers must make reasonable good-faith efforts to contact the borrower and evaluate the borrower for all available loss mitigation options.
2
File Foreclosure Complaint in Court of Common Pleas
~30 days
The lender (plaintiff) files a Complaint to Foreclose Mortgage in the Court of Common Pleas of the county where the property is located. The complaint must identify all parties with an interest in the property (including junior lienholders), allege the default, and request a foreclosure judgment and sale. The complaint must be verified.
3
Service of Process on All Defendants
~30 days
The borrower (defendant) and all other named parties (junior lienholders, homeowner associations, etc.) must be served with the Summons and Complaint. Personal service is required initially; publication service may be allowed for unlocatable parties after diligent search. The defendant has 30 days to answer (or 35 days if served by mail).
4
Answer Period and Default Judgment
~45 days
The defendant(s) have 30 days to file an answer raising defenses to the foreclosure. If no answer is filed within 30 days, the plaintiff may request a default judgment from the clerk. If an answer is filed, the case proceeds to the litigation track — the court must rule on the answer before proceeding to the Master-in-Equity hearing.
5
Order of Reference to Master-in-Equity
~60 days
The Circuit Court judge issues an Order of Reference sending the foreclosure case to the Master-in-Equity (or Special Referee) for the county. The Master-in-Equity is a judicial officer who handles foreclosure hearings, takes testimony, and issues orders. Every SC county has a Master-in-Equity position, though some share Referees across counties.
6
Hearing Before Master-in-Equity
~30 days
The Master-in-Equity holds a hearing where the plaintiff must prove: (1) the existence and validity of the mortgage, (2) the borrower's default, (3) the amount owed (principal, interest, fees, costs), and (4) proper service on all defendants. If unopposed, this may be handled through a judgment roll without a formal hearing. If contested, testimony and evidence are taken. The Master then issues a Final Judgment and Decree of Foreclosure and Sale.
7
Publication of Notice of Sale
~21 days
Before the foreclosure sale, the notice of sale must be published once a week for 3 consecutive weeks in a newspaper of general circulation in the county where the property is located (S.C. Code Ann. § 29-3-680(b)). The notice must describe the property, the terms of sale (typically 5% deposit at sale, balance within 30 days), and the time and place of sale.
8
Foreclosure Sale (Public Auction)
~30 days
The foreclosure sale is conducted by the Master-in-Equity or their designee at public auction — typically at the county courthouse steps on a regular monthly sale date. The lender may credit bid up to the full amount of the debt. Third parties bid against the lender. The highest bidder pays a 5% deposit at sale; the balance is typically due within 30 days. If the high bidder defaults, the property may be re-sold.
9
Sale Confirmation by Master-in-Equity
~14 days
After the sale, the Master-in-Equity holds a confirmation hearing (typically 30 days later) at which any party may object to the sale on grounds of inadequate price, irregularities, or other equitable grounds. If no objection is filed and the sale price is not grossly inadequate, the Master confirms the sale and the deed is issued to the purchaser. Title passes upon confirmation.

Homeowner Protections

Awaiting verification
Homestead Exemption
$50,000
Automatic — no filing required. Does not protect against foreclosure by the mortgage holder (only judgment creditors).
Deficiency Judgment
Allowed — lender may pursue remaining balance
After a judicial foreclosure sale in South Carolina, the lender may seek a deficiency judgment for the difference between the outstanding debt and the sale price. The lender must file a separate action for deficiency within 2 years of the date the foreclosure sale is confirmed by the court.
Right of Redemption
No post-sale redemption.
Pre-sale reinstatement available. Before the foreclosure sale.
Right to Cure
The borrower may cure the default and stop the foreclosure at any time before the final decree (Final Judgment) is entered by the Master-in-Equity
All past-due payments, late fees, court costs, and reasonable attorney fees. Borrower resumes the loan on original terms.

Foreclosure Mediation in South Carolina

South Carolina does not have a mandatory statewide foreclosure mediation program. Federal loss mitigation requirements under CFPB Regulation X still apply to all servicers.

Regulatory Oversight & Complaint Filing

South Carolina homeowners who believe a mortgage servicer or lender has violated state or federal law may file complaints with the following regulatory agencies.

Financial Institutions Regulator
South Carolina Department of Consumer Affairs (SCDCA)
File a complaint →
Attorney General — Consumer Protection
South Carolina Attorney General — Consumer Protection Division
Consumer protection information →
Housing Finance Agency
South Carolina State Housing Finance and Development Authority (SC Housing)
Phone: 803-896-9001

Alternatives & Financial Assistance

South Carolina law permits several alternatives to foreclosure. Short sales are available with potential deficiency protection. Deed in lieu of foreclosure may be negotiated with the servicer. Forbearance agreements are available under federal and state loss mitigation requirements.

South Carolina's SC Homeowner Rescue Program (Active — verify current availability directly with SC Housing. Treasury period of performance extends through 2026.) provides mortgage assistance to qualifying homeowners. Program details: schousing.com/Home/HomeownerRescueProgram.

For a detailed breakdown of foreclosure alternatives, loss mitigation options, and financial assistance programs, see the South Carolina Foreclosure Guide.

Post-Sale Proceedings Under South Carolina Law

After a foreclosure sale in South Carolina, the new owner must provide written notice before initiating eviction proceedings. A minimum of 5 days' notice is required.

Surplus fund rights after a South Carolina foreclosure sale are governed by state statute. Federal law (Protecting Tenants at Foreclosure Act) provides a minimum 90-day notice period for bona fide tenants in foreclosed properties, regardless of state timelines.

For guidance on what to do after a foreclosure sale, including eviction timelines, surplus fund claims, and tax consequences, see the South Carolina Foreclosure Guide.

Special Foreclosure Types in South Carolina

Beyond the standard judicial foreclosure process, South Carolina law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure
Available under state law.
Tax Lien Foreclosure
See details.
Reverse Mortgage Foreclosure
Federal HECM rules apply.

Lien Priority in South Carolina

South Carolina follows a race-notice recording statute (S.C. Code Ann. § 30-7-10). A purchaser who records first and pays value without notice of a prior unrecorded interest takes priority.

Statute of Limitations in South Carolina

Mortgage Foreclosure
20
Written Contracts
3
Deficiency Judgment
2

Notable South Carolina Foreclosure Cases

Key court decisions that have shaped foreclosure law and homeowner protections in South Carolina.

First Reliance Bank v. McNeil
396 S.C. 211, 720 S.E.2d 756 (2011)
SC Court of Appeals addressed proper service of process requirements in foreclosure actions and the rights of borrowers to contest defective service. Reinforced that procedural compliance is mandatory in SC's judicial foreclosure system.
R&R Engineering, Inc. v. McAllister
391 S.C. 561, 707 S.E.2d 274 (2010)
SC Court of Appeals addressed the timing and procedures for deficiency judgments after foreclosure sales, including the requirement to file the deficiency action as a separate proceeding within the applicable statutory period.
Branch Banking and Trust Co. v. Marie
SC App. (2015)
Addressed chain-of-title requirements for foreclosing plaintiffs in SC — including the need to establish assignment of the note and mortgage as a prerequisite to standing to foreclose. Contributed to increased documentation requirements for lenders in SC foreclosure actions.

Probate & Inheritance in South Carolina

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. South Carolina law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Automatic Stay on Death
No automatic stay. Foreclosure may proceed during probate.
Notification to Estate
The lender must notify the estate or personal representative before proceeding.
If a borrower dies during a pending SC foreclosure, the plaintiff must substitute the Estate of the deceased borrower as a defendant.
Heir Protections
Heirs who inherit and occupy the property may qualify as successors in interest under CFPB Regulation X (12 CFR 1024.

Consumer Protection & Compliance in South Carolina

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in South Carolina.

Mortgage Relief Scam Protections
State law specifically addresses mortgage relief scams.
Attorney Advertising Rules
South Carolina Rules of Professional Conduct (Rule 7) govern attorney advertising. §
Lead Generation Restrictions
SC Code Ann.

Legal Aid & Pro Bono Resources in South Carolina

  • ⚖
    SC Legal Services (Palmetto Legal Services / Greater Columbia Community Relations Council)
    Statewide, low-income households legal aid.
    sclegal.org →
  • ⚖
    Upstate Legal Services
    Upstate SC (Greenville, Spartanburg, Anderson, and surrounding counties) legal aid.
    upstatelegal.org →
  • ⚖
    Pro Bono Legal Services — SC Bar
    Statewide referral through SC Bar legal aid.
    scbar.org/for-lawyers/quicklinks/pro-bono →
  • ⚖
    Charleston Pro Bono Legal Services
    Tri-County area (Berkeley, Charleston, Dorchester) legal aid.
    charlestonprobono.org →
  • 🏠
    HUD-Approved Housing Counselors
    Free, federally funded housing counseling agencies in South Carolina. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
    Find a counselor in South Carolina →
  • 📋
    South Carolina Bar — Lawyer Referral Service
    State bar lawyer referral service.
    scbar.org →

Find Help in South Carolina

We maintain a verified directory of free and low-cost help providers in South Carolina. All are government-approved or federally funded.

13 HUD-approved housing counselors Free foreclosure prevention counseling 1 Legal aid offices Free legal representation for qualifying homeowners 39 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 45 Debtor education providers Required post-filing debtor education courses

Browse all 98 providers in South Carolina →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including South Carolina.

Facing Foreclosure?
Overview of the process, available options, and free help resources
How to Stop Foreclosure
Immediate options — forbearance, modification, legal aid, bankruptcy
Your Rights in Foreclosure
Federal protections under CFPB Regulation X and loss mitigation rules
How Foreclosure Works
Stage-by-stage walkthrough from missed payments to sale
Behind on Your Mortgage?
Options for borrowers who have missed or expect to miss a payment
Bankruptcy & Foreclosure
How Chapter 7 and Chapter 13 can stop or delay foreclosure

South Carolina Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to South Carolina homeowners:

Foreclosure Filings
National trend
South Carolina is a judicial state — filings reflect court-ordered foreclosure actions.
The FHA Signal
FHA delinquency rate
FHA serious delinquency rate — the canary in the coal mine for borrowers with thin down payments.
The Pipeline
Foreclosure starts & completions
Monthly foreclosure starts and completions from CoreLogic — the volume flowing through the system.
First Missed
Early-stage transitions
Borrowers transitioning from current to 30-days late — the earliest warning signal before delinquency rises.

See the full picture: Foreclosure Statistics 2026 | Mortgage Delinquency Statistics 2026

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Free help is available for homeowners facing foreclosure in South Carolina. Contact 1-800-569-4287 or find a HUD-approved housing counselor for no-cost assistance.