The South Carolina foreclosure intervention process is very similar to a typical loss mitigation process; the borrower submits an application and the lender determines whether the borrower qualifies for an alternative to foreclosure.
In some other states, though, foreclosures are nonjudicial, which means they're usually carried out with little, if any, court involvement. In some South Carolina counties, foreclosures go through an equity court judge, called a master-in-equity, or through a special referee.
South Carolina doesn't have a law requiring the lender to send a notice to the homeowner before filing a foreclosure lawsuit. But most mortgages contain language requiring the lender to send the homeowner a letter, typically called a " breach letter ," and sometimes other notices before starting a foreclosure.
The majority of foreclosures that take place in South Carolina are judicial foreclosures.
Once a judgement is given out in the case, the notice of sale is going to be published for three consecutive weeks .
Once the lawsuit has been filed, the laws in South Carolina do not give you any guarantees that you can try to reinstate the loan. Of course, you may be given this option by your lender or in your mortgage papers. If so, you can even up the debt and the loan may be reinstated. That is at the discretion of the lender.
Military Members Get No Protections. There are federal protections for some military members, but the state laws do not give any to the members of the National Guard. This means that a foreclosure can begin if you are called to duty. In other states, lenders have to wait until your active duty ends, but not in South Carolina.