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 §
Foreclosure Length
Varies
Depends on the case
Homestead Exemption
$50,000 in the statute, adjusted for inflation every even-numbered year (the new amounts take effect July 1)
Must file to claim: claim required in bankruptcy · the rule §
Deficiency Judgment
Allowed
Allowed §
39 source pages cited · Last checked Mar 10, 2026
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.

Facing foreclosure? The timeline, your rights and your options are laid out in 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. §§ 29-3-660 to 29-3-740 Deficiency Judgment and Appraisal Deficiency judgment in the foreclosure action; the borrower's right to apply within 30 days after the sale for an appraisal that can reduce or cancel the deficiency
S.C. Code Ann. § 15-41-30 Homestead Exemption Homestead exemption for a debtor's residence: $50,000 in the statute, adjusted for inflation every even-numbered year
S.C. Supreme Court Order 2023-05-17-01 Rescission of Administrative Orders Governing Mortgage Foreclosure Actions Rescinded the 2009 and 2011 foreclosure-intervention orders because HAMP ended; lenders must still follow federal loss-mitigation rules, and the court can still ask about the status of loss mitigation before a final hearing, final order of foreclosure or sale

South Carolina Foreclosure Process and Your Rights

South Carolina uses judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

  • Paying to stop the foreclosure: Whether the borrower can catch up on missed payments to stop the foreclosure, and until when, depends on the mortgage terms. For a consumer credit transaction payable in installments, South Carolina's consumer-credit law bars the creditor, after a missed payment, from accelerating the loan until 20 days after a notice of the right to cure, and the borrower can cure during that time (S.C. Code Ann. §§ 37-5-110, 37-5-111); that law does not cover a loan secured by a first mortgage unless the loan is made subject to it by agreement (S.C. Code Ann. § 37-3-105). For a loan covered by the consumer-credit cure law, once the creditor has given a notice of the right to cure, the borrower has no further statutory right to cure later defaults on the same obligation (S.C. Code Ann. § 37-5-111(2)). Otherwise, it depends on the mortgage terms. §
  • After the sale: No post-sale redemption. After the sale, the court officer gives the buyer a deed; if the lender has asked for a deficiency judgment and not waived it, bidding first stays open until the 30th day after the sale (S.C.R. Civ. P. 71(b)). §
  • Homestead exemption: $50,000 in the statute, adjusted for inflation every even-numbered year (the new amounts take effect July 1) §
  • Mediation: South Carolina does not have a statewide foreclosure mediation program.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full South Carolina foreclosure guide →

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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

Special Foreclosure Types in South Carolina

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

HOA & Condo Association Foreclosure
In South Carolina, a condominium (horizontal property regime) assessment lien may be foreclosed by suit in like manner as a mortgage of real property (S.C. Code Ann. § 27-31-210). §
That lien comes ahead of other liens except tax liens and duly recorded mortgages and other liens on the unit, so it does NOT have 'super-priority' over a recorded first mortgage — unlike Nevada.
Tax Lien Foreclosure
South Carolina counties sell tax-delinquent property at a public auction after it is advertised (S.C. Code Ann. § 12-51-40 et seq.). §
The defaulting taxpayer, a grantee from the owner, or a mortgage or judgment creditor can redeem the property within 12 months from the date of the tax sale by paying the taxes, assessments, penalties, costs and interest.
Reverse Mortgage Foreclosure
HECM reverse mortgages in South Carolina are foreclosed judicially like conventional mortgages: actions to foreclose liens are tried by the court and ordinarily referred to a master (S.C.R. Civ. P. 71(a)). §
HUD has additional procedural requirements before HECM foreclosures can be initiated.

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 years §
Under S.C. Code Ann. § 15-3-520(a), an action upon a bond or other contract in writing secured by a mortgage of real property must be brought within 20 years. Separately, a mortgage stops being a lien on the property 20 years after the maturity date stated in it (or 20 years after the mortgage date if no maturity is stated), unless the holder records a payment on account or a written acknowledgment of the debt, which keeps the lien alive for 20 years from that record (S.C. Code Ann. § 29-1-10).
Written Contracts
3 years §
Deficiency Judgment
Varies §
A deficiency can be ordered in the foreclosure action itself: the court may order a personally liable mortgagor to pay any part of the mortgage debt left unpaid after the sale (S.C. Code Ann. § 29-3-660). That section sets no separate deadline for a later deficiency suit.

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.

Pause When the Borrower Dies
State law doesn't pause a foreclosure when the borrower dies, so it can go on 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 confirmed successors in interest under CFPB Regulation X (12 CFR 1024.31).

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. § 37-23-10 et seq.

Legal Aid & Pro Bono Resources in South Carolina

  • ⚖
    SC Legal Services (Palmetto Legal Services / Greater Columbia Community Relations Council)
    Area served: Statewide, low-income households.
    sclegal.org →
  • ⚖
    Upstate Legal Services
    Area served: Upstate SC (Greenville, Spartanburg, Anderson, and surrounding counties).
    sclegal.org →
  • ⚖
    Pro Bono Legal Services — SC Bar
    Area served: Statewide referral through SC Bar.
    scbar.org/for-lawyers/quicklinks/pro-bono →
  • ⚖
    Charleston Pro Bono Legal Services
    Area served: Tri-County area (Berkeley, Charleston, Dorchester).
    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 41 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 46 Debtor education providers Required post-filing debtor education courses

Browse all 101 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
National foreclosure filings. South Carolina mainly uses judicial foreclosure (through the courts).
FHA mortgage delinquency
FHA delinquency rate
Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.
Foreclosure volume
Foreclosure starts & completions
Monthly foreclosure starts and completions from ATTOM Data Solutions.
Newly late mortgages
Current to 30 days late
Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).

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

Facing foreclosure in South Carolina? Tell me what's going on.

Answer a few quick questions and I'll connect you with someone who can help where you live. It's free.

Step 1 of 4

Tell me about your situation

Select all that apply.

It's free. I don't sell your information, and no one pays me for your request. I share your details only with the one attorney, agent or provider I connect you with. Privacy · Prefer to call? (888) 602-4161

Ask a question about foreclosure law in South Carolina

General information, not legal advice.

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Free help also exists in South Carolina: 1-800-569-4287, or a HUD-approved housing counselor at no cost.