Contact Felice (843) 671-6702

S.C. Foreclosure Laws, Tenants Rights and Eviction Laws

*Reprinted from the Island Packet

S.C. foreclosure laws, tenants rights and eviction laws

South Carolina uses a judicial foreclosure process. To begin the process, a lender must file a notice of pendency (lis pendens) against the homeowner with the clerk of the county in which the property is located. If the debt is not satisfied within the time specified by the court, the lender may file a Notice of Foreclosure. The lender must personally serve the homeowner with the Notice of Foreclosure.

The court then gives the homeowner an additional amount of time to pay the debt.If the homeowner does not pay the debt, the court can then render the judgment against the borrower and at the same time enter an order of sale of the property.

Once the sale is scheduled, a Notice of Sale must be sent to the owner. The Notice of Sale states the date, location, and other details of the sale. The Notice must also be posted at the county courthouse and published in a local newspaper once a week for 3 weeks up to the sale.

Once the sale occurs, the owner has 30 days to get an appraisal for the property. If the appraisal is higher than the amount that the property sold for at the auction, the appraisal value will be substituted for the high bid amount. The borrower remains personally liable for any amount still owed after the foreclosure sale.

Tenants have no legal rights in foreclosure proceedings and no right to notice and time frame.

Eviction Process
South Carolina does not specifically outline tenant’s rights in a foreclosure proceeding. In general, a landlord may bring an action against a tenant by applying to a magistrate in the following situations:when a tenant fails to pay rent when it is due, when the term of the tenancy or occupancy has ended, and when the terms or conditions of the rental agreement have been violated.

A landlord must first deliver notice to the tenant that an eviction has been sought (this is called a Rule to Show Cause).The Rule to Show Cause will contain information regarding the case.

A tenant will have 10 days to answer the charges the landlord has made against the tenant, and a hearing will be set to adjudicate the case.

In the event the tenant loses the case before the magistrate, a Writ of Ejectment will be issued within five days of the hearing that sets forth the date the tenant must vacate or else be removed by the sheriff.

Eviction Timeframe
Because a hearing is required to effect an eviction, the timeframe is likely to vary from case to case.

/* IDX Customization */