| Answers |
How are mortgage liens treated in South Carolina?
South Carolina is known as alien theory state where the property acts as security
for the underlying loan. The document that places the lien on the property is called amortgage.
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How are South Carolina deeds foreclosed?
In South Carolina, thelenders go to court in what is known as ajudicial foreclosure
proceeding where the court must issue a final judgment of foreclosure. The property is then sold as part of a publicly
noticed sale. The court with jurisdiction over a foreclosure is known as theCircuit Court. A complaint is filed
in court along with what is known alis pendens. A lis pendens is a recorded document that provides public notice
that the property is being foreclosed upon.
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What are the legal instruments that establish a South Carolina mortgage?
The documents are known as themortgage or in a commercial transaction, asecurity agreement. Sometimes the
mortgage document is combined with the security agreement. Amortgage is filed to evidence the underlying debt
and terms of repayment, which is set forth in thenote.
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How long does it take to foreclose a property in South Carolina?
Depending on the court schedule, it usually takes approximately 150-180 days to effectuate an uncontested foreclosure.
This process may de delayed if the borrower contests the action, seeks delays and adjournments of hearings, or files forbankruptcy. Borrowers must receive anotice of sale which must be published for at least three (3) consecutive
weeks in a newspaper of general circulation. This notice includes posting at the courthouse and other locations at least
three (3) weeks before the sale. South Carolina has a process called anapplication for an order of appraisal. A borrower usually requests this process where an independent appraiser determines the high value of the property which
may be substituted for the sale amount if thelender is seeking a deficiency. Unless the property is a residence or the
subject of a consumer credit transaction these appraisal rights may be waived.
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Is there a right of redemption in South Carolina?
No. South Carolina does not have astatutory right of redemption, which allows a party whose property has been
foreclosed to reclaim that property by making payment in full of the sum of the unpaid loan plus costs. There is a time
limit to undertake such redemption.
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Are deficiency judgments permitted in South Carolina?
Yes. Adeficiency judgment may be obtained when a property in foreclosure is sold at a
public sale for less than the loan amount which the underlying mortgage secures. This means that the borrower still
owes thelender for the difference between what the property sold for at auction and the amount of the original loan.
Deficiency judgments are subject to appraisal rights as noted above.
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What statutes govern South Carolina foreclosures?
The laws that govern South Carolina foreclosures are found in South Carolina Code of Laws (2004) Title 29
(Mortgages and Other Liens), Chapter 3, Article 7 (Foreclosures) (Section 29-3-610 et. seq.).
http://www.scstatehouse.net/code/t29c003.htm
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