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South Carolina Foreclosure Questions & 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,...
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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... View 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... View 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... View 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... View 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... View 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... View 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...
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