State Foreclosure Law
South Carolina Foreclosure Laws
Foreclosure laws, timelines, homeowner protections, and free legal resources for South Carolina.
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 — always confirm current statute text and consult a South Carolina-licensed attorney for advice specific to your situation.
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 verification1
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 verificationHomestead 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.
Mediation
South Carolina does not have a mandatory statewide foreclosure mediation program. Federal loss mitigation requirements under CFPB Regulation X still apply to all servicers.
Free Legal 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 ServicesUpstate SC (Greenville, Spartanburg, Anderson, and surrounding counties) legal aid.upstatelegal.org →
- Pro Bono Legal Services — SC BarStatewide referral through SC Bar legal aid.scbar.org/for-lawyers/quicklinks/pro-bono →
- Charleston Pro Bono Legal ServicesTri-County area (Berkeley, Charleston, Dorchester) legal aid.charlestonprobono.org →
- HUD-Approved Housing CounselorsFree, federally funded housing counseling agencies in South Carolina. Can help with loan modification applications, mediation preparation, and understanding your options.Find a counselor in South Carolina →
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.
National Foreclosure Guides
These guides explain foreclosure at the federal level — your rights, your options, and what to do at each stage. They apply in every state, including South Carolina.
Facing Foreclosure?
Overview of the process, your options, and where to get free help
How to Stop Foreclosure
Steps you can take today — 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?
What to do if you've missed a payment or know you'll miss one soon
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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