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State Statutory Redemption Laws Many states reduce the redemption period if the property has been abandoned, while borrowers may waive their redemption rights in many states. States that allow for statutory redemption include California, Illinois, Florida, and Texas.
In South Carolina, the lender must sue the borrower and prove the lender is entitled to foreclose. The homeowner (defendant) has the right to defend the foreclosure by conducting discovery, raising defenses, and filing counterclaims (that is, suing the lender under various causes of action).
In foreclosure cases, some states give borrowers a 'right to redemption'. Essentially, redemption is the ability of a borrower to buy back a property that has been foreclosed upon even after the foreclosure sale has already been completed.However, there is no right to redemption in South Carolina.
Foreclosures in South Carolina are judicial, which means 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.
If you think that your next mortgage payment may be late, or if you are already behind with your payments, the most important thing you can do to help prevent foreclosure is contact SC Housing immediately. If you make an arrangement to pay your SC Housing mortgage, please call us toll-free at 800.476.
More specifically, it's a legal process by which the owner forfeits all rights to the property. If the owner can't pay off the outstanding debt, or sell the property via short sale, the property then goes to a foreclosure auction. If the property doesn't sell there, the lending institution takes possession of it.
The Master-in-Equity is a judge who has the power to decide certain cases without a jury. A Master-in-Equity typically handles cases involving real estate, such as foreclosures, partitions, and contracts. However, a Master- in-Equity may hear any matter referred to him or her by the Circuit Court. See S.C. Code Ann.