Right to an appraisal to limit a deficiency
S.C. Code § 29-3-680(A), (B)
In plain words
If the lender seeks a personal (deficiency) judgment against you, you can ask for an appraisal within 30 days after the sale. The court then credits the appraised value, which can reduce the deficiency. For your home (a dwelling) or a consumer loan, this appraisal right cannot be waived.
Who is protected
Defendants facing a personal judgment in a South Carolina foreclosure.
When it applies
- Only in South Carolina.
- Only after the foreclosure sale.
What you can do
File a petition for appraisal
File a verified petition with the clerk of court.
Deadline: Within 30 days after the sale — this deadline is not extended without the creditor’s written consent
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Honest limits
- A deficiency is possible only if the lender asked for it; the appraisal reduces but may not erase it.
- This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.
The law
- State lawApplication for appraisal
S.C. Code § 29-3-680(A), (B)
Exact part: (A), (B)
What it says: A defendant may petition for an appraisal within 30 days after the sale; dwelling appraisal rights cannot be waived.
Read the official texthttps://www.scstatehouse.gov/code/t29c003.php
Court cases
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Homeowner lostSame topicMilton v. U.S. Bank National Ass'n
Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)
an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced
- Homeowner lostSame topicBFP v. Resolution Trust Corp.
BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)
the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code
Related rights
Right to three weeks of public notice before a foreclosure sale
S.C. Code § 15-39-650
After the court orders a foreclosure sale, the sheriff (or master-in-equity) must publicly advertise the property for three weeks right before the sale day. This gives you time to pay, refinance, sell or seek help before the auction.
Read this rightThe government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightRenters get at least 90 days' notice after a foreclosure
12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))
If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.
Read this rightTwelve months to redeem after a tax sale
S.C. Code § 12-51-90(A)
After a delinquent tax sale, you (or a mortgage or judgment creditor) can redeem within twelve months by paying the taxes, penalties, costs and interest. You keep possession of the home during the redemption period.
Read this rightRight to the tax sale overage
S.C. Code § 12-51-130
If the tax sale bid is more than the taxes, penalties and costs, the extra (the “overage”) belongs to the owner of record just before the redemption period ended, after any municipal tax liens. It is payable 90 days after the tax deed, and it escheats to the state if not claimed within five years.
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