Asked in Foreclosure for South Carolina

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 know if I owed any additional amount. Did not hear anything, then on this past Tuesday (March 18th) I received foreclosure summons from their attorney. My check was never cashed, nor has it been sent back to me.

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1 Lawyer Answer
D. Nathan Davis
D. Nathan Davis
  • Consumer Law Lawyer
  • Licensed in South Carolina

A: 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 the correct amount.

You have been served with and Summons and Complaint. You need to answer the complaint within 30 days of when you received the complaint. If you fail to respond, you will be held in default and the foreclosure can move forward quickly.

Unless you have an extension of time to respond to the complaint in writing signed by the attorney or law firm that began the foreclosure, do not tarry. Even if you are talking to your mortgage company, that does not stop the foreclosure.

You need to see an attorney at once to protect yourself if you wish to keep the property.

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