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?There is no statute of limitation on the foreclosure of a mortgage. It is only when the mortgage debt has been due after maturity for a time sufficient to raise a presumption that the same has been satisfied that mere delay will furnish a defense to foreclosure.
In South Carolina, the foreclosure sale date must be ordered by a judge. The foreclosure sale is a public auction, and the home will be sold to the highest bidder. After the Court issues a Judgment of Foreclosure, a Notice of Sale will be published in a local newspaper for the three weeks leading up to the sale date.
No mortgage or deed having the effect of a mortgage or other lien shall constitute a lien upon any real estate after the lapse of twenty years from the date for the maturity of the lien.
South Carolina Foreclosures are judicial, meaning a court handles the process. The lender must file a lawsuit to foreclose the home. (In some other states, though, foreclosures are nonjudicial, which means they're usually carried out with little, if any, court involvement.)
Ways to Stop Foreclosure in South Carolina Declare Bankruptcy. Yes, bankruptcy is a way through which foreclosure can be stopped. ... Applying for Loan Modification. ... Reinstating Your Loan. ... Plan for Repayment. ... Refinancing. ... Sell Out Your Home. ... Short Sale. ... Deed In Lieu of Foreclosure.
Does South Carolina have a ?right of redemption? where the homeowner can buy back, or ?redeem,? the property after the foreclosure sale? No. Some states?Michigan, for example?allow the homeowner a period of time to redeem (buy back) the property after the foreclosure sale. South Carolina has no such procedure.
South Carolina law says that all foreclosures must be done in court and only a judge can order the sale of your house. Therefore, if you fall behind in paying your mortgage, a lender will file papers with the court and ask for permission to take your home and sell it to cover the loan.
No. Some states?Michigan, for example?allow the homeowner a period of time to redeem (buy back) the property after the foreclosure sale. South Carolina has no such procedure. South Carolina follows the ?hammer rule.? Once the hammer falls at the foreclosure sale, the homeowner's property rights are cut off forever.