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Foreclosure and tax sales in South Carolina

What our research shows about South Carolina's rules. General information with sources — not legal advice, and not a reading of your papers.

BasicThe essentials, each with its source. General deadlines only.Research last reviewed 2026-09-22

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How foreclosure works

Usual process: Judicial (through court)
Often heard by a master-in-equity or special referee.
From a reputable summary[1]
Allowed processes: Judicial (through court)
From a reputable summary[1][2]
Main statutes: S.C. Code §§ 15-39-650, 15-39-660; S.C. Code §§ 15-39-720, 15-39-760; S.C. Code §§ 29-3-660, 29-3-680 to 29-3-740; SCRCP 12(a), 71
From a reputable summary[1]
Typical length (estimate): Not researched yet for this state.

+At least 120 days
Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind
Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.
Checked against the official text12 CFR § 1024.41(f)(1)
Lawsuit filed and you are served with the summons and complaint
Often heard by a master-in-equity or special referee.
From a reputable summary
+At least 30 days
Answer due — 30 days after service
30 days after service (SCRCP 12(a)).
From a reputable summary
Court judgment of foreclosure (if the lender wins)
From a reputable summary
+At least 21 days
Sheriff’s / court sale
After judgment, the sale is posted in three public places (including the courthouse) and published once a week for three consecutive weeks.
From a reputable summary
No right to redeem after the sale
No redemption after the sale. If the lender did not waive a deficiency, bidding stays open 30 days after the sale (upset bids).
From a reputable summary

A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.

Notice before foreclosure: Not researched yet for this state.
Notice of sale: At least 21 daysAfter judgment, the sale is posted in three public places (including the courthouse) and published once a week for three consecutive weeks.
S.C. Code §§ 15-39-650, 15-39-660
From a reputable summary[1]
Publication: Local newspaper once a week for three consecutive weeks.
From a reputable summary[1]
When sales happen: Not researched yet for this state.
Time to answer the lawsuit: 30 days
30 days after service (SCRCP 12(a)).
From a reputable summary[1]
Court confirms the sale: Not researched yet for this state.

Catching up (reinstatement): No statutory reinstatement right.
From a reputable summary[2]
Buying the home back (redemption): NoNo redemption after the sale. If the lender did not waive a deficiency, bidding stays open 30 days after the sale (upset bids).
From a reputable summary[1][2]
Owing money after the sale (deficiency): LimitedOnly if reserved in the complaint; you can seek an appraisal within 30 days of the sale to limit it to debt minus fair market value (appraisal rights cannot be waived for your dwelling).
S.C. Code §§ 29-3-660, 29-3-680, 29-3-740
From a reputable summary[1]
Mediation: Not researched yet for this state.

Tax sale system: Redeemable tax deed
Public tax sale; the bidder gets a receipt and, if you do not redeem, a tax deed.
From a reputable summary[3]
How it works: After a mailed delinquency notice, the sale is published three weeks; unsold property goes to the Forfeited Land Commission. You keep possession during redemption.
From a reputable summary[3]
Redeeming after a tax sale: 12 months after the sale; interest rises from 3% to 12% by quarter. A certified reminder comes 20–45 days before the end.
S.C. Code §§ 12-51-90, 12-51-120
From a reputable summary[3]
Relief programs: Not researched yet for this state.
Payment plans: Opt in with the county treasurer by January 15 to pay in installments.
From a reputable summary[3]
Surplus after a tax sale: Not researched yet for this state.

Federal exemption list: State list only (opted out)
This state has opted out: in bankruptcy you use the state exemption list (plus federal non-bankruptcy exemptions), not the federal § 522(d) list.
From a reputable summary[4]
Homestead exemption: $80,125 ($160,250 multiple owners)$80,125 per debtor; $160,250 ceiling per residence with multiple owners.(S.C. Code § 15-41-30(A)(1))
From a reputable summary[5]

Free legal aid (LSC-funded): South Carolina Legal Services, Inc.
Checked against the official text[7]
Legal help website: South Carolina Legal Services
The official site blocked our automated check on 2026-09-22; confirm the page before relying on it.
Not confirmed — check it[8]
State housing agency: SC Housing
Checked against the official text[6]
Attorney general / consumer protection: South Carolina Department of Consumer Affairs
Checked against the official text[9]
Court self-help: South Carolina Judicial Branch
Checked against the official text[10]
HUD-approved housing counselors: HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.

Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.