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South Carolina Foreclosure Questions & Answers
2 Answers | Asked in Foreclosure and Probate for South Carolina on
Q: My mom died intestate and no creditors filed a claim, 4 yrs later a foreclosure was filed. Does the 1 yr bar apply?
D. Nathan Davis
D. Nathan Davis
answered on Dec 16, 2022

If the creditor had a properly filed mortgage and money was still owed, the creditor can file a foreclosure action. If the foreclosure does not net enough to satisfy the amount owed, no deficiency can be claimed by the creditor.

Be sure to have a lawyer look at the mortgage and the...
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1 Answer | Asked in Foreclosure and Tax Law for South Carolina on
Q: Does a delinquent property tax sale go on your record as a foreclosure?
D. Nathan Davis
D. Nathan Davis
answered on Dec 6, 2022

Which record are you referring to? I assume you are referring to property records. Of course, when the sale is completed, the property records will reflect that the property was sold and who the buyer was who purchased the property at tax sale.

The credit report will reflect that the...
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1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: In SC, who handles the disbursement of surplus funds from a foreclosure auction?

The house has already been auctioned through the the court and the money paid to the courts and lawyers...and the surplus.... after ALL of it was paid has been ordered by the judge to be disbursed to me and only me... But where do I go to collect? Who do I need to speficially contact?

D. Nathan Davis
D. Nathan Davis
answered on Nov 1, 2022

You need to contact the person who conducted the sale of the property. This person may be called a Master, Special Referee, or Judge. There is a form you will need to file to claim the proceeds. The person conducting the sale may have the form for you to sign or you may have to obtain the form... Read more »

1 Answer | Asked in Foreclosure for South Carolina on
Q: Foreclosure started in 2018 and last payment was June 2017.Still haven’t been to court as of May 2022.What is time limit

What is time limit for proceedings? We haven’t been allowed to make loan payment all those years bc proceedings were going on and mortgage company changed during this time.

D. Nathan Davis
D. Nathan Davis
answered on May 16, 2022

Before Covid, a case the Court would have struck this old. You need to check with the Clerk of Court to see if the case is still active. If you bring it to the attention of the Clerk of Court, the case may get struck.

If the case is struck, that does not mean that the issue is over. The...
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1 Answer | Asked in Foreclosure and Probate for South Carolina on
Q: Can a bank foreclose on a property after the person has been dead for a few years without filing with the probate court
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 18, 2022

The devil is in the details, of course, but as a general rule, yes, a lender may foreclose its lien without having to go through probate court. The promissory note may no longer be enforceable against the decedent’s estate, depending on the statute of limitation for claims of decedents in your... Read more »

1 Answer | Asked in Contracts, Foreclosure, Banking and Mergers & Acquisitions for South Carolina on
Q: What does GMAC, WVMF Funding, or RECAP have to do with this case?

Does it have something to do with the mortgage crash in 2008 through 2010?

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2020

A South Carolina attorney could best advise, but your post remains open for five weeks. It's possible something inadvertently got left off in uploading your post - a case is not mentioned. Not every question is picked up, but you could try reposting, including the name of the case. Good luck... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: What is the general procedure for submitting claims for excess/surplus plus funds,overages etc.. in S.Carolina..

Can I do an assignment or Power of Attorney and file for the excess funds w/out an Attonery?..

Ryan D Templeton
Ryan D Templeton
answered on Aug 12, 2020

If you are the person entitled to the surplus funds you must contact the Court or have an attorney do so on your behalf. A person that has your power of attorney is not going to be able to do this on your behalf.

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for South Carolina on
Q: My parents' passed, their house was in foreclosure, house went to me, now I am listed on foreclosure as owner.

My parents died intestate with their home in foreclosure status. I have been told I am not responsible for the loan itself, however, I was served with an Owner for Joiner as Defendant because I am listed on the deed. When I went to inquire about purchasing my home, this came back against me. Is... Read more »

Timothy Denison
Timothy Denison
answered on Jun 30, 2020

You are not legally responsible for the debt. However, if you wish to inherit or retain the property, you will have to pay off that debt.

1 Answer | Asked in Bankruptcy and Foreclosure for South Carolina on
Q: Is there any way a bankruptcy claim can be reversed?

If debtor doesn't pay amount specified in chapter 13, will the claim be refused?

Timothy Denison
Timothy Denison
answered on Feb 3, 2020

If the debtor doesn’t pay the claim as set out in the Chapter 13 plan, the case will likely be dismissed.

2 Answers | Asked in Contracts, Foreclosure and Real Estate Law for South Carolina on
Q: I purchased a home on foreclosure and months have passed but the bank still hasn't issued a title or deed to the house

how long the bank have to issue title without me getting some interest on the money I spent to purchase the house

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 23, 2019

Unless South Carolina is different from other states the deed was created on the day you closed on the purchase. There is no specific time-period for the lender to send you the deed. Call the local county clerk's office and ask if they can help you find a copy of the new deed in their official... Read more »

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Q: Can a Home Owner's Association auction off a home without informing the owner who still has an up to date mortgage?

The owner says someone purchased his home at an auction. The person now has a foreclosure on credit report despite the fact the mortgage is current. What recourse does the individual have?

Gary Kollin
Gary Kollin
answered on Jul 20, 2019

'/.

Not true. Was it a tax deed and not THE HOA?

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: my husband has a mortgage in his name only in sc. Am i responsible for the mortgAGE if he defaults on the loan
D. Nathan Davis
D. Nathan Davis
answered on Apr 16, 2019

The real issue is whether you are on the note or guaranteed the loan. If you did agree to be liable for the debt, then, you would be liable. Usually, if a spouse is not on the mortgage they are not on the note or otherwise guaranteed the loan.

Of course, in any foreclosure, the lender...
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1 Answer | Asked in Foreclosure for South Carolina on
Q: Hi, I wanted to ask a question about foreclosure.

Yes, lender sent me a letter on 25th of February that I was in default for past due paymens and to call them about reinstate amount. I knew what I was past due so I sent a check for 6,437 06 and mailed in on February 28th. I figured once got payment they would send me another letter letting me... Read more »

D. Nathan Davis
D. Nathan Davis
answered on Mar 25, 2019

First, since your check never cleared it would appear that the check was not received. Simply putting a check in the mail is not enough when you are behind this much on your mortgage. You needed to call the lender and make sure that money was received. You also needed to make sure that you sent... Read more »

2 Answers | Asked in Bankruptcy and Foreclosure for South Carolina on
Q: what kind of attorney would I need if my house & land go up for sell April 1st
Timothy Denison
Timothy Denison
answered on Mar 23, 2019

A real estate/ mortgage defense attorney.

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1 Answer | Asked in Foreclosure for South Carolina on
Q: I have a timeshare located in South Carolina that I got in 2017. I lost my job and stopped paying. I have now received

A letter for non-judicial judgement. It says, Notice of default and intent to sell. I need to know what my options are if I can’t pay. It says I am not subject to deficiency, but I need to know what actually happens if foreclosure happens. Do I still owe?

D. Nathan Davis
D. Nathan Davis
answered on Mar 26, 2018

Since the foreclosure is not seeking a deficiency judgment, you will not have to pay the mortgage after the property is sold. You may have liability for unpaid regime fees and assessments.

You are probably experiencing other financial issues, but, if this is reported to the credit bureaus,...
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1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: Can you put a down payment on a foreclosure house or does it have to be paid all cash ?

I have 3/4 of the money they are ask for the house.

D. Nathan Davis
D. Nathan Davis
answered on Mar 18, 2018

Your question is unclear about the status of the foreclosure. If the property has been sold at a foreclosure sale and the lender has purchased the property, the lender can agree to any terms it wishes to accept. On the other hand, if the property is going to be sold at foreclosure sale, the... Read more »

1 Answer | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for South Carolina on
Q: I was approved for a refinance but I did not receive any money after signing paperwork. Why?
D. Nathan Davis
D. Nathan Davis
answered on Dec 18, 2017

On a refinancing, there are refinance loans where no money is given to the borrower. There is also cash out refinances where you refinance and also take out money against the equity in your home.

Based on the limited information you provided, I would guess that you had a straight...
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1 Answer | Asked in Bankruptcy and Foreclosure for South Carolina on
Q: My home is up for foreclosure sale. My husband is on mortgage not on deed can he file bankruptcy and stop sale in sc
Cristina M. Lipan
Cristina M. Lipan
answered on Dec 6, 2017

The foreclosure is a collection activity on the debt he owes (the mortgage), so filing a bankruptcy case will PAUSE the foreclosure, but not necessarily stop it. The bank cannot collect a debt from someone while they are in bankruptcy (this is called the automatic stay). However, the stay is... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: Can I stop or slow down a foreclosure on a timeshare while a search for a lawyer that will only bill me if he wins a sui
Michael Hales
Michael Hales
answered on Oct 26, 2017

I believe that this would be possible. I don't have much info here, so I will say that if you have an attorney, I would recommend that you show him or her this article: https://www.targheelaw.com/article

It's something I wrote for attorneys to better understand options when it...
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1 Answer | Asked in Foreclosure for South Carolina on
Q: My uncle passed away and his home went into foreclosure. Now the bank is saleing the home. Can I stop the sale with a w

Can I stop the sale with wills that my uncle left? Can the bank allow me to pay up the debt and then take over the loan?

Please send me an email to discuss possible hire.

D. Nathan Davis
D. Nathan Davis
answered on Aug 4, 2017

If you are the heir and now the owner, the bank has to allow you to bring the loan current. You will also be responsible for all reasonable costs and expenses incurred by the lender. Once the sale is held, you will no longer be able to do this. Also, be sure that they amount owed does not make... Read more »

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