Residential Foreclosure: A Roadmap

South Carolina Legal Services Can Help Evaluate Your Options To Avoid Foreclosure By:

• Questioning:
  • Has your mortgage company exhausted all loan modification options?
  • Do you have defenses to the lawsuit?
  • Did the mortgage company comply with state and federal law?
• Seeking Proof:
  • That you are responsible for the debt.
  • That payment history is correct.
  • That the cost and any other charges are reasonable and proper.
  • That you have been treated fairly under the law.

What Does a Lawsuit Look Like?

YOU HAVE RIGHTS WHEN YOU HAVE BEEN SUED. IT IS IMPORTANT THAT YOU ANSWER THE LAWSUIT. DO NOT IGNORE IT.

It DOES NOT look like the letters you receive from debt collectors that say:

• “We are referring your account for foreclosure.”
• “You are in foreclosure.”
• “We have no choice but to file foreclosure.”
• Or similar words about foreclosure

It DOES have the mortgage company’s name as “Plaintiff” vs. your name as “Defendant.”

It DOES include a number of different documents that have a line of text on the right side of each page showing the date and time the lawsuit was filed and a case number. It includes one titled SUMMONS and one titled COMPLAINT.

It DOES have to be handed to you or someone in your home personally or you must sign a green certified mail card for it. If you don’t accept the papers, you can be served by publication in the local newspaper.

What Must I Do If I Am Served with a Lawsuit?

• Write down the exact date that you or someone in your home were handed the lawsuit or signed the green card.
• Talk to a lawyer.
• File a response with the Court.
• Go to any hearings scheduled by the Court.

Do I Have To Move Out Of My Home?

•  You do not have to move out of your home just because you are behind on your payment.
• The law requires that you be allowed to go before a judge before you can be required to move out of a home that you own.

You have 30 days to file a written answer. Don’t let that 30 days go by without talking to a lawyer. Call us to see if you qualify for a FREE lawyer.

Are You In Danger of:

• Losing Your Home to Foreclosure?
• Losing Your Mobile Home to Reposession?

You Are Protected Under the Law Against:

• Harassing phone calls.
• Unfair mortgage terms.
• Credit discrimination.
• Strong-arm tactics by bill collectors.
• Attempts to scare you into making payments you cannot afford.
• Being forced into a reinstatement of your loan you cannot afford.
• Other loan workouts or modification agreements that do not follow the law.

Additional information may be found at:
LawHelp.org/SC
South Carolina’s guide to free legal resources

This brochure was prepared by South Carolina Legal Services and is provided as a public service.
Copyright retained by South Carolina Legal Services
Updated August 2023