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Foreclosure resource guide for Horry County, South Carolina
Conway • Population 413,391

Horry County Foreclosure Resources

Complete guide to the foreclosure process in Horry 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

413,391

2024 U.S. Census Bureau estimate

Horry County Foreclosure Timeline

South Carolina is a judicial foreclosure state. Every foreclosure must go through the Court of Common Pleas of Horry 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.

Notice of Default & AccelerationPre-filing demand period

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. Horry County has grown faster than almost any county in South Carolina, and a large share of its housing is second homes, short-term rentals, and investor-owned property — so whether the loan is on a principal residence materially changes the loss-mitigation options available.

Complaint Filed in the Court of Common PleasFiling with the Horry County Clerk of Court

The lender's attorney files a foreclosure complaint in the Horry County Court of Common Pleas, Fifteenth Judicial Circuit, at the Horry County Government & Justice Center, 1301 2nd Ave in Conway, and records a lis pendens with the Horry County Register of Deeds. The case is referred to the Master in Equity rather than placed on a jury term.

Summons Served — 30 Days to Answer30 days

The Horry County Sheriff's Office serves the Summons and Complaint. South Carolina allows 30 days from service to file an Answer. Because so many Horry County properties are owned by people who live elsewhere, service on an out-of-state borrower — by publication or on a designated agent — recurs here more than in most of the state, and defective notice is a threshold issue worth checking before the deadline runs.

Master in Equity — Judgment & Order of Sale60–120 days

The Clerk of Court refers the matter to the Master in Equity for Horry County, who hears the foreclosure, signs the judgment of foreclosure, and issues the order of sale. Defenses — standing, chain of title, lost note, defective pre-foreclosure notice, improper service on an absentee owner, SCRA violations — are raised and decided before the Master.

Sheriff's Sale & ConfirmationSale day + confirmation hearing

The Horry County Sheriff's Office advertises the property by publication and conducts the sale under the order of sale issued by the Master in Equity. The sale is not final until the Master confirms it, and objections to confirmation may be filed before that point.

Deficiency JudgmentSought after sale

Where the sale does not satisfy 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. Horry County's active coastal market means foreclosure sales generally draw competitive bidding, which limits deficiency exposure — but the fair market value request is what puts that on the record.

Courthouse & County Offices

Horry County Government & Justice Center — Court of Common Pleas, 15th Judicial Circuit

1301 2nd Ave, Conway, SC 29526

(843) 915-5000

Mon–Fri 8:30AM–5:00PM

Clerk of Court

Horry County Clerk of Court

1301 2nd Ave, Conway, SC 29526

(843) 915-5000

Website

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 Horry County foreclosure case number and hearing date are confirmed.

County Recorder

Horry County Register of Deeds

1301 2nd Ave, Conway, SC 29526

(843) 915-5430

Website

Sheriff / Sale Info

Horry County Sheriff's Office — J. Reuben Long Center

4150 J Reuben Long Ave, Conway, SC 29526

(843) 915-5450

The Horry County Sheriff's Office serves the foreclosure Summons and Complaint, levies on the property, advertises the notice of sale, and conducts foreclosure sales under the order of sale issued by the Master in Equity. Post-sale ejectment of a former owner is a separate magistrate court proceeding rather than part of the foreclosure case.

Is Mediation Available?

South Carolina operates no statewide mandatory foreclosure mediation program, and Horry 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. Because Horry County carries an unusually high share of investment and short-term-rental property, borrowers should expect the servicer's review to turn on occupancy — and rental income documentation can matter as much as pay stubs.

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 Horry County Clerk of Court and referred to the Master in Equity
  • A lis pendens must be recorded with the Horry County Register of Deeds to bind later purchasers
  • The Summons and Complaint must be served on the homeowner — in Horry County, by the Sheriff's Office; service on an absentee owner must still satisfy the rules
  • 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 Horry 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. This is the last low-cost point to reinstate a Horry County mortgage.

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 in servicer-filed cases.

Right of Redemption

South Carolina provides a statutory right of redemption, but the practical window is narrow. 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. Horry County homeowners holding second-home or rental property should not plan around a post-sale redemption window — the confirmation hearing is the realistic final point of intervention.

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 date, and the court credits that value against the debt. Horry County's active coastal market means foreclosure sales usually draw competitive bids that cover the debt, so deficiencies here are less frequent than in slower South Carolina markets — but the fair market value request is still worth making when a bid lands below market.

Legal Aid

South Carolina Legal Services

(888) 346-5592Website

Free legal representation for qualifying low-income Horry County homeowners — foreclosure defense, loss mitigation, and consumer protection matters.

SC State Housing Finance & Development Authority

(800) 441-4281Website

Statewide foreclosure prevention counseling and homeowner assistance programs, with referral to HUD-approved agencies serving the Grand Strand.

Housing Counseling

SC State Housing Finance & Development Authority

(800) 441-4281Website

South Carolina Homeownership & Housing Trust Fund

(803) 896-8994Website

United Way of Horry County — 211

(843) 347-5223Website

Frequently Asked Questions

Is Horry County a judicial foreclosure county?+

Yes. South Carolina permits only judicial foreclosure, so every Horry County case is filed in the Court of Common Pleas and referred to the Master in Equity. The property is sold by the Horry County Sheriff's Office under an order of sale — never by a private trustee.

How long do I have to answer a Horry County foreclosure summons?+

Thirty days from service. South Carolina's foreclosure Summons sets a 30-day answer deadline, and missing it typically results in a default judgment and an order of sale. If you have been served, confirm the exact service date first — it controls every other deadline.

Which court handles foreclosure in Horry County?+

The Horry County Court of Common Pleas, Fifteenth Judicial Circuit, at the Horry County Government & Justice Center, 1301 2nd Ave in Conway. 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 my Horry County case?+

The Master in Equity is the judicial officer who hears foreclosure matters for Horry County. The Master signs the judgment of foreclosure, issues the order of sale, and decides whether to confirm the Sheriff's sale. Because defenses are heard by the Master rather than a jury, the Master's docket is where a Horry County foreclosure is actually decided.

Can I stop a Sheriff's sale in Horry 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.

My Horry County property is a rental or short-term rental — how does that affect foreclosure?+

It changes the case substantially. Federal loss-mitigation rules and most servicer modification programs are built around the borrower's primary residence, and South Carolina homestead protection applies to a principal residence rather than an investment property. In a county like Horry, where a large share of housing is investor-owned or rented, loans are frequently reviewed under stricter investor guidelines. Documenting occupancy history and rental income is often the first substantive step — and for a property that was once owner-occupied, proving that period can matter.

I live out of state and own property in Horry County — what should I check first?+

Service. When the owner is absent from South Carolina, a foreclosure often proceeds by publication or by service on a designated agent, and both routes have strict requirements. If notice never reached you personally, whether service was valid is a threshold question that can affect the entire judgment — and it must be raised in the case, not after the sale. Confirm the service method and the mailing address the servicer had on file before the answer deadline passes.

What happens if the Horry County sale price doesn't cover the mortgage?+

The lender must move the court for a deficiency judgment rather than 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. Horry County's coastal demand means sales generally bring bids that cover the debt, which limits deficiency exposure — but the request is still worth making if a bid came in low.

More Resources for Horry County Homeowners

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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