Asked in Foreclosure and Real Estate Law for South Carolina

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?

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

A: 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 from the clerk of court or other official. The form is easy to complete.

A hearing will be set so all who think they have a claim to the proceeds can attend. If the only claimant is you, then there will probably be no hearing.

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