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South Carolina

South Carolina Code § 29-3-10. Judicial foreclosure state.

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Judicial Type

Judicial

Redemption

No statutory right of redemption after judicial foreclosure

Deficiency

Lender may pursue deficiency. Deficiency determined at the t

Mediation

South Carolina Foreclosure Intervention Program: available f

Statute Citation

S.C. Code Ann. §§ 29-3-10 to 29-3-760

Redemption Period

No statutory right of redemption after judicial foreclosure sale. However, the borrower has up to the moment of sale to cure. South Carolina provides a 90-day loss mitigation review period for owner-occupied properties before the complaint can be filed.

Deficiency Judgment Rule

Lender may pursue deficiency. Deficiency determined at the time of sale. Fair value hearing available upon request. Deficiency is limited to debt − fair market value.

Notice Requirements

90-day pre-foreclosure notice for owner-occupied residential property (S.C. Code § 29-3-705). Notice of sale published and posted.

Mediation Program

South Carolina Foreclosure Intervention Program: available for owner-occupied properties; borrower must request.

Key Provisions

  • Judicial foreclosure — complaint filed in circuit court
  • 90-day pre-complaint loss mitigation review
  • No post-sale redemption
  • Fair value hearing for deficiency

Homeowner Protections

  • 90-day pre-suit notice provides time for loss mitigation review
  • Foreclosure Intervention Program
  • Fair value limitation on deficiency
  • Judicial process with full due process

Frequently Asked Questions

What happens during the 90-day pre-foreclosure period in South Carolina?+
Before filing a foreclosure complaint on an owner-occupied residential property, the lender must send a notice giving the borrower 90 days to: (1) contact a HUD-certified housing counselor, (2) submit a complete loss mitigation application, and (3) have the lender evaluate the application. This is essentially a mandatory 90-day loss mitigation review period. The lender cannot file the foreclosure complaint until 90 days after the notice is sent. Use this time actively — contact a counselor and submit your modification application.
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