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No. Some states?Michigan, for example?allow the homeowner a period of time to redeem (buy back) the property after the foreclosure sale. South Carolina has no such procedure. South Carolina follows the ?hammer rule.? Once the hammer falls at the foreclosure sale, the homeowner's property rights are cut off forever.
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).
Ways to Stop Foreclosure in South Carolina Declare Bankruptcy. Yes, bankruptcy is a way through which foreclosure can be stopped. ... Applying for Loan Modification. ... Reinstating Your Loan. ... Plan for Repayment. ... Refinancing. ... Sell Out Your Home. ... Short Sale. ... Deed In Lieu of Foreclosure.
South Carolina foreclosures can take a significant amount of time. If you do not challenge the lender's allegations, then the process may take four to six months. However, if you decide to fight back in court, the discovery process, hearings, and negotiations could take years.
No later than 45 days after a missed payment, the servicer must inform the homeowner in writing about loss mitigation options that might be available, and. a foreclosure generally can't start until the homeowner is more than 120 days delinquent on the payments.
South Carolina is a Judicial Foreclosure State A creditor cannot foreclose on a property by itself; state law requires mortgage lenders operating in South Carolina to take the borrower to court and ? through a lawsuit ? prove that they have the right to foreclose on a property.
Put your name, address, phone number, loan number, and date on the top of the letter. List the name and address of your lender. information about any money you have saved for a workout agreement. Tell the lender you are working with a foreclosure counselor and include their name and agency.
Ways to Stop Foreclosure in South Carolina Declare Bankruptcy. Yes, bankruptcy is a way through which foreclosure can be stopped. ... Applying for Loan Modification. ... Reinstating Your Loan. ... Plan for Repayment. ... Refinancing. ... Sell Out Your Home. ... Short Sale. ... Deed In Lieu of Foreclosure.