Lawyers, Answer Questions  & Get Points Log In
South Carolina Foreclosure Questions & Answers
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 »

View More Answers

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...
Read more »

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.

View More Answers

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,...
Read more »

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...
Read more »

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...
Read more »

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 »

1 Answer | Asked in Foreclosure for South Carolina on
Q: I just got a sheriff's notification that I have to vacate the home I've been renting for years due to foreclosure

proceedings. I've been paying my landlord rent every month. Is this legal?

D. Nathan Davis
D. Nathan Davis answered on Aug 1, 2017

Tenants have certain rights under SC Law. A tenant is supposed to be given notice of the foreclosure proceedings. It is likely that mail was sent to the property address with the name tenant on it. You should contact the Master in Equity for the County that that property is located in who will... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Q: My husband passed away 7 years ago with a mortgage in his name only that is now in default. Can they take my new home?

The mortgage was gotten about 20 years ago. He passed away 7 years ago and I continued to live in the house for 2 years before allowing someone to move in and take over the payments. The company never allowed me to put the mortgage in my name and the person has since defaulted on the payments and... Read more »

D. Nathan Davis
D. Nathan Davis answered on May 14, 2017

The issue is whether you were liable for the repayment of the money. This is done in most instances by a separate note so that a lender can go after someone, even if the property becomes worthless. Simply inheriting the interest of your deceased spouse does not make you liable for repayment of... Read more »

1 Answer | Asked in Estate Planning, Foreclosure and Probate for South Carolina on
Q: are mortgage companies able to foreclose on property that is in probate
Kenneth V Zichi
Kenneth V Zichi answered on Jan 26, 2017

Short answer, yes.

They have to foreclose on the ESTATE, but their lien is not 'invalid' simply because of the death of the debtor. If the heirs believe there is value to the asset, then they need to take steps to protect the property including paying the debt!

Seek...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.