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South Carolina Foreclosure Questions & Answers
2 Answers | Asked in Bankruptcy and Foreclosure for South Carolina on
Q: My home was foreclosed in South Carolina and sold at Auction. Was told if home not paid in full yet, a ch.13 could save?

Is that true? And South Carolina does not offer individual with no attorney e-file for skeleton or any bankruptcy. Could I submit in a state that does, due to the urgency, but use my current states exemptions?

Martha Warriner Jarrett
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answered on Nov 10, 2023

You should talk to a bankruptcy attorney in your area as the laws affecting real estate differ from state to state. If your home has already been foreclosed, you should do so immediately, although it may already be too late. You can file an emergency chapter 13 but you should talk to an attorney... View More

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2 Answers | Asked in Bankruptcy and Foreclosure for South Carolina on
Q: My home was foreclosed in South Carolina and sold at Auction. Was told if home not paid in full yet, a ch.13 could save?

Is that true? And South Carolina does not offer individual with no attorney e-file for skeleton or any bankruptcy. Could I submit in a state that does, due to the urgency, but use my current states exemptions?

James L. Arrasmith
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answered on Nov 10, 2023

In a foreclosure situation like yours in South Carolina, filing for Chapter 13 bankruptcy can potentially help. This type of bankruptcy allows for a reorganization of debts and could enable you to catch up on missed mortgage payments over time.

However, it's important to file before...
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2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Probate for South Carolina on
Q: What Federal law allows an Executor of Estate as the only Trustee the court right to sell inherited [mortgage]?

Through Probate [mother willed son to be the Executor and Trustee of their home in South Carolina] whereas the mortgage has gone into the Foreclosure process. He has filed Chapter 7 solely upon the mortgage debt, but the mortgagor will not release the home or accept any offers for said home. What... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 14, 2023

Despite the express wording of Section 506 of the Bankruptcy Code, the US Supreme Court has ruled that there is no "cram-down" of secured claims in a Chapter 7 case, and the provisions of Ch. 13 likewise prohibit a "short sale" of mortgaged property where the holder of the first... View More

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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... View More

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: I have just received a letter threatening foreclosure on my home for 600$ (two years HOA Dues.

The first year of being late HOA locked me out of my account and has not let me make any payments for previous or current years. They have charged me a daily fee of late fee, administration fees and my $600 bill is now $2600.00 2 years later. I can’t even pay my upcoming year because I am locked... View More

Anthony M. Avery
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answered on Nov 21, 2023

You might file a declaratory judgment action and also ask for a temporary injunction. You will need a SC attorney who can file suit fast.

2 Answers | Asked in Bankruptcy and Foreclosure for South Carolina on
Q: I filed a Chapter 13 (SC) at 1:00 PM the day of the auction. The auction sale was recorded at 3:00PM.

Could the stay affect the sale?

T. Augustus Claus
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answered on Jul 13, 2023

If you filed for Chapter 13 bankruptcy before the auction took place, it is possible that the automatic stay may have affected the sale. However, the specific timing and details of the bankruptcy filing, as well as any actions taken by the foreclosure sale trustee, can impact the outcome.

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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
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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... View 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... View 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... View 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... View 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... View 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... View 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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