Charleston County Foreclosure Resources
Complete guide to the foreclosure process in Charleston County, South Carolina. Courthouse addresses, filing procedures, timelines, mediation options, and local legal aid — everything you need to defend your home.
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Foreclosure Type
Judicial
Avg. Timeline
150–240 days
Mediation
Not Mandatory
Population
431,001
2024 U.S. Census Bureau estimate
Charleston County Foreclosure Timeline
South Carolina is a judicial foreclosure state. Every foreclosure must go through the Court of Common Pleas of Charleston County, sitting in the county seat with foreclosure matters referred to the Master in Equity, giving homeowners significant procedural rights and time to mount a defense.
The servicer issues a notice of default and, on consumer mortgage loans, the 30-day pre-foreclosure notice required by S.C. Code § 37-3-560. In a market where coastal property values have risen sharply, this notice period is often the point at which a refinance or sale can retire the debt outright rather than merely delay the case.
The lender's attorney files a foreclosure complaint in the Charleston County Court of Common Pleas, Ninth Judicial Circuit, at 100 Broad St in downtown Charleston, and records a lis pendens with the Charleston County Register of Deeds. The case is referred to the Master in Equity rather than a jury term.
The Charleston County Sheriff's Office serves the Summons and Complaint. South Carolina gives 30 days from service to answer. Charleston's large stock of inherited, heirs'-property, and historic-district homes means title and heirship questions surface early — and those can be genuine defenses or, at minimum, reasons the wrong party was named.
The Clerk of Court refers the matter to the Master in Equity for Charleston County, who hears foreclosure cases, signs the judgment of foreclosure, and issues the order of sale. Defenses — standing, chain of title, lost note, defective notice, SCRA violations — are raised and decided here, not at a jury trial.
The Charleston County Sheriff's Office advertises the property by publication and conducts the sale under the order of sale, with sales held at the Charleston County Judicial Center. The sale is not final until the Master in Equity confirms it, and a homeowner may file objections to confirmation before that happens.
If the sale does not cover the debt, the lender must move the court for a deficiency judgment. The borrower may ask the Master in Equity to determine the property's fair market value as of the sale, credited against the debt. Because Charleston County sales are generally well bid, deficiencies are less common here than in markets where bids cluster at the judgment amount.
Courthouse & County Offices
Charleston County Courthouse — Court of Common Pleas, 9th Judicial Circuit
100 Broad St, Charleston, SC 29401
(843) 958-5000
Mon–Fri 8:30AM–5:00PM
Clerk of Court
Charleston County Clerk of Court
Files and dockets the foreclosure complaint, refers the case to the Master in Equity, maintains the civil judgment index, and receives objections to confirmation of a Sheriff's sale. The Clerk's office is where a Charleston County foreclosure case number and hearing date are confirmed.
County Recorder
Charleston County Register of Deeds
Sheriff / Sale Info
Charleston County Sheriff's Office — Civil Division
3695 Leeds Ave, North Charleston, SC 29405
(843) 743-5341
The Charleston County Sheriff's Office Civil Division serves the foreclosure Summons and Complaint, levies on the property, advertises the notice of sale, and conducts Sheriff's sales under the order of sale issued by the Master in Equity. Sales are held at the Charleston County Judicial Center. Post-sale ejectment of a former owner is a separate magistrate court proceeding.
Is Mediation Available?
South Carolina operates no statewide mandatory foreclosure mediation program and Charleston County has no local one. What substitutes here is direct loss-mitigation negotiation with the servicer, plus the Master in Equity's discretion to refer contested matters to mediation. Charleston's concentration of legal-aid capacity and HUD-approved counseling agencies makes it one of the better-served counties in the state for homeowner assistance.
Filing Requirements
- •Foreclosure in South Carolina is a judicial action in the Court of Common Pleas — trustee sales are not permitted
- •The complaint is filed with the Charleston County Clerk of Court and referred to the Master in Equity
- •A lis pendens must be recorded with the Charleston County Register of Deeds to bind later purchasers
- •The Summons and Complaint must be served on the homeowner — in Charleston County, by the Sheriff's Office Civil Division
- •The homeowner's Answer is due within 30 days of service; missing it generally results in a default judgment
- •The Master in Equity must issue the order of sale before the Sheriff may conduct the sale
- •The Sheriff must advertise the sale by publication before the sale date
- •The sale does not become final until the Master in Equity confirms it
- •A borrower may file objections to confirmation before the Master in Equity
- •A deficiency judgment requires a court motion, and the borrower may request a fair market value determination
Key Statutes
South Carolina Foreclosure Statute
S.C. Code Ann. §§ 29-3-610 to 29-3-760
Governs judicial foreclosure in South Carolina — filing, the Master in Equity reference, the order of sale, the Sheriff's sale, and confirmation. Every Charleston County foreclosure runs through these provisions.
Right to Cure / Pre-Foreclosure Notice
S.C. Code Ann. §§ 29-3-810 to 29-3-860
Requires a pre-foreclosure notice on residential mortgage loans and a defined cure period before the lender may proceed.
Consumer Protection Code — Pre-Foreclosure Notice
S.C. Code Ann. § 37-3-560
Requires a 30-day pre-foreclosure notice on consumer mortgage loans and a cure opportunity before acceleration.
Deficiency Judgment & Fair Market Value
S.C. Code Ann. § 29-3-660
Permits a lender to seek a deficiency by motion and allows the borrower to have the court determine the property's fair market value as of the sale, credited against the debt.
Servicemembers Civil Relief Act
50 U.S.C. §§ 3901 et seq.
Protects active-duty service members from foreclosure without a court order and requires a military affidavit. Charleston's large military and defense community — Joint Base Charleston, the Naval Weapons Station, and The Citadel — makes SCRA compliance a recurring issue on local filings.
Right of Redemption
South Carolina gives a statutory right of redemption, but the practical window is short. The borrower may cure or redeem at any time before the sale. After the sale the court holds a confirmation hearing, and if the sale is not confirmed the borrower's redemption rights may be revived. Charleston homeowners with equity — common given coastal appreciation — should treat the confirmation stage as the real deadline, not a distant post-sale period.
Deficiency Judgments
A South Carolina lender must move the court for a deficiency judgment rather than collect one automatically. The borrower may ask the Master in Equity to determine the property's fair market value as of the sale, which the court credits against the debt. Charleston County Sheriff's sales are comparatively well bid, so a deficiency is less likely here than in markets where sales bring only the judgment amount — but the fair market value request is still worth making whenever the bid looks low.
Legal Aid
South Carolina Legal Services
Free legal representation for qualifying low-income Charleston County homeowners — foreclosure defense, loss mitigation, and consumer protection.
Charleston Legal Access
Low-cost and free civil legal help for Charleston-area residents, including housing and foreclosure-related matters for those who fall outside standard legal-aid income limits.
Frequently Asked Questions
Is Charleston County a judicial foreclosure county?+
Yes. South Carolina permits only judicial foreclosure, so every Charleston County case is filed in the Court of Common Pleas and referred to the Master in Equity. The property is sold by the Charleston County Sheriff under an order of sale — never by a private trustee.
How long do I have to answer a Charleston foreclosure summons?+
Thirty days from service. South Carolina's foreclosure Summons sets a 30-day answer deadline, and missing it normally produces a default judgment and an order of sale. If you have been served, confirm the service date before anything else — it governs every other deadline in the case.
Which court handles foreclosure in Charleston County?+
The Charleston County Court of Common Pleas, Ninth Judicial Circuit, at 100 Broad St in downtown Charleston. Foreclosure matters are referred to the Master in Equity, who hears the case and issues the order of sale.
Why does the Master in Equity matter in a Charleston case?+
The Master in Equity is the judicial officer who hears foreclosure matters for Charleston County. The Master signs the judgment of foreclosure, issues the order of sale, and later decides whether to confirm the Sheriff's sale. Defenses are heard by the Master rather than a jury, which makes the Master's docket the place a Charleston foreclosure is genuinely decided.
Can I stop a Sheriff's sale in Charleston County?+
There are real opportunities, each with strict timing: reinstating the loan before sale, filing objections to confirmation before the Master in Equity, or an automatic stay in bankruptcy. Because the sale requires an order of sale and is not final until confirmed, the confirmation stage is a genuine point of intervention that many homeowners overlook.
Does owning heirs' property change a Charleston foreclosure?+
It can, and Charleston County sees a significant volume of heirs'-property and inherited homes. When title is held by multiple heirs or rests on an unprobated estate, the lender's complaint may misname or omit parties, and the chain of title may be incomplete. Those are defenses worth raising — but they also mean the homeowner's side must be represented, because the default outcome resolves everyone's interest at once.
What happens if the Charleston sale price doesn't cover the mortgage?+
The lender must move the court for a deficiency judgment; it cannot collect one automatically. You may ask the Master in Equity to determine the property's fair market value as of the sale, and that value is credited against the debt. Charleston sales are generally well bid, so deficiencies are less common here — but a fair market value request is still worth making if the winning bid looked low.
More Resources for Charleston County Homeowners
South Carolina Foreclosure Laws
Complete state-level guide to foreclosure laws, timelines, and homeowner protections.
Foreclosure Defense
Comprehensive defense strategies to stop or delay foreclosure in any U.S. county.
Free Case Review
Talk to our team about your situation — 100% free and confidential. Same-day response.
South Carolina Foreclosure Statutes
The full statutory analysis — citations, notice requirements, redemption, and deficiency rules.
Foreclosure Defense Hub
Every defense category, court procedure, and document library in one place.
Judicial Foreclosure Defense
How the court process works — complaint, summons, answer deadline, and judgment stages.
Court Document Library
The full motion and pleading set a court foreclosure case runs on, organized by stage.
Court Forms & Filing Templates
The forms and formats a court foreclosure case requires, and how each one is filed.
Answering the Complaint
How to respond to a foreclosure complaint before the answer deadline runs.
Defense Categories
Standing, chain of title, lost note, dual tracking, and servicing violations.
Servicer Violations
Dual tracking, fee stacking, escrow errors, and loss-mitigation failures as claims.
Federal Protections
RESPA, TILA, FDCPA and SCRA — the federal overlay that applies in every state.
Looking for a specific servicer? Browse the mortgage servicer directory for company-level contacts and complaint routes. If your foreclosure has already moved past the notice stage, start with the court procedures library to see where the case currently stands.
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