Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.
Keywords: South Carolina, complaint, petition, purchaser, possessor, real property, foreclosure sale, deed of trust. Title: Understanding South Carolina Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust Introduction: In the state of South Carolina, when a foreclosure sale occurs pursuant to a deed of trust, the purchaser of the real property might find themselves facing issues with the possessor or occupant of the property. In such cases, the purchaser has the right to file a complaint or petition against the possessor to seek legal resolution. This article will provide a detailed description of the South Carolina complaint or petition by a purchaser against a possessor of real property after a foreclosure sale pursuant to a deed of trust. 1. Types of Complaints or Petitions: 1.1. Unlawful Detained Complaint: In some cases, the possessor of the property might refuse to leave after the foreclosure sale. In such situations, the purchaser can file an unlawful detained complaint against the possessor, seeking their eviction from the property. This complaint aims to establish the purchaser's right to immediate possession of the property. 1.2. Quiet Title Lawsuit: If there is a dispute over the legal ownership of the real property after the foreclosure sale, the purchaser can file a quiet title lawsuit. This type of lawsuit aims to resolve any claims or clouds on the title, ensuring clear ownership and eliminating any potential challenges to the purchaser's rights. 1.3. Trespassing Complaint: When the occupant of the property, who may or may not be the previous owner, continues to trespass after the foreclosure sale, the purchaser can file a trespassing complaint. This complaint seeks legal intervention to protect the purchaser's rights and prevent any unauthorized use or occupation of the property. 2. Grounds for Complaint or Petition: 2.1. Failure to Vacate or Surrender Possession: The primary ground for filing a complaint or petition is when the possessor refuses to vacate or surrender possession of the real property after the foreclosure sale. The purchaser, as the rightful owner, has the legal right to take immediate possession of the property. 2.2. Unauthorized Occupation: If the purchaser discovers that the possessor is occupying the property without permission or rightful authority, they can file a complaint to address and rectify the unauthorized occupation. 2.3. Noncompliance with Post-Foreclosure Obligations: In some cases, the possessor might fail to comply with certain obligations outlined in the post-foreclosure sale process, such as vacating the premises or transferring possession to the purchaser. Noncompliance with these obligations can provide grounds for filing a complaint or petition. Conclusion: When a purchaser of real property in South Carolina faces challenges with the possessor or occupant of the property after a foreclosure sale, they have legal recourse through a complaint or petition. Different types of complaints or petitions, such as unlawful detained, quiet title lawsuits, or trespassing complaints, can be filed based on the specific circumstances. By understanding these legal options, purchasers can assert their rights and seek appropriate remedies to resolve the situation.
