The Upset Bid Period: S.C. Code § 15-39-720
The Reality: If a lender demands a deficiency judgment (suing you for the remaining balance), South Carolina law requires the bidding to stay open for **30 days** after the initial auction. Furthermore, under **§ 29-3-680**, you can petition the court for an appraisal. If the appraisal shows the home is worth more than the bid, your deficiency debt is reduced or wiped out entirely.
STATUTORY STAY
30-DAY
UPSET BID
UPSET BID
The Master-In-Equity Timeline
In most SC counties, foreclosures are heard by a **Master-In-Equity**, a specialized judge. This judicial process typically takes **150 to 240 days** from the initial filing.
| Stage | Timing | The Authority Detail |
|---|---|---|
| Lis Pendens & Complaint | Day 1 | The formal lawsuit is filed. The *Lis Pendens* notifies the public that the title is in dispute. |
| The 30-Day Answer | Day 1-30 | You have exactly **30 days** to file a formal "Answer." If you miss this, the lender can move for a default judgment. |
| Foreclosure Intervention | Day 30-60 | Lenders must serve a notice of your right to "Intervention" (mediation). You must respond to this to trigger a settlement meeting. |
| Master-In-Equity Hearing | Month 3-5 | A specialized judge reviews the evidence. If the bank wins, they receive a "Judgment of Foreclosure and Sale." |
| The Auction Sale | Post-Judgment | Held on the courthouse steps. If the bank waives the deficiency, the sale is final that day. If not, the **30-day upset period** begins. |
Authority FAQ: South Carolina 2026
What is the "Hammer Rule"?
South Carolina follows the "Hammer Rule." Once the auction is finalized (and the upset period ends), your rights to the property are extinguished. There is no post-sale redemption period in SC like there is in some other states.
Can I stay in the home during the process?
Yes. You remain the legal owner until the Master-In-Equity confirms the sale and issues a deed to the buyer. After that, the buyer must obtain a "Writ of Assistance" to have the Sheriff remove you, which usually takes 10-20 days.
Does SC require an attorney for the closing?
Yes. South Carolina is an attorney-close state. If your original mortgage was not closed by a licensed SC attorney, the foreclosure may be legally invalid due to "unclean hands" (unauthorized practice of law).