| Quick Facts - Judicial Foreclosure Available: Yes - Non-Judicial Foreclosure Available: No - Primary Security Instrument: Mortgage - Timeline: Varies - Right of Redemption: No - Deficiency Judgments Allowed: Yes |
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In South Carolina, lenders may foreclose on a mortgage in default by using the judicial foreclosure process. Judicial Foreclosure The judicial foreclosure process is one in which the lender must file a complaint against the borrower and obtain a decree of sale from a court having jurisdiction in the county where the property is located before foreclosure proceedings can begin. Generally, if the court finds the borrower in default, they will give them a set period of time to pay the delinquent amount, plus costs. If the borrower does not pay within the set period of time, the court will then order the property to be sold. In South Carolina, the property is generally sold in the following manner:
Lenders in South Carolina may file for a deficiency judgment against the borrower and borrowers have no rights of redemption. |
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