A 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. § 14-11-10 et seq.  and Rule 53 of the South Carolina Rules of Civil Procedure.   

To determine if your county has a Master-in-Equity, please see the South Carolina Judicial Department’s website.

What is a Special Referee?  

In counties that do not have a Master-in-Equity, the Court may appoint an attorney to serve as a judge for foreclosure cases.  This individual is known as a Special Referee.  See S.C. Code Ann. § 14-11-60.

What is a note? When you borrow money from a lender, you sign a note with the lender promising to pay the money back.  The note gives the lender the right to collect payment on the loan if you do not repay the loan.   

A note is a legal document that typically states the loan amount, the interest rate, the time and method of repayment, and the obligation to repay.   

What is a mortgage?  

When you borrow money from a lender to purchase a home or land, the lender usually requires that you give it a mortgage on the property.   

A mortgage is a security agreement between you and the lender where your home or land serves as collateral for the loan.   

What is a real estate foreclosure?  

A real estate foreclosure is the legal action the lender files with the court asking the court to sell the property to satisfy the debt.

Has a foreclosure been filed against me?

• A foreclosure is a lawsuit that must be filed in the courthouse and you must be properly served.  There are a variety of ways that you can be served with legal papers.  Some of the common ways to serve legal papers include:

(1)     Personal delivery by the Sheriff’s Department;

(2)     Personal delivery by a private process server;

(3)     U.S. mail; and

(4)     Publication (announcing the lawsuit in a specific newspaper).

• You may also contact the Clerk of Court's office in the county where the property is located to find out if a foreclosure action has been filed against you by the lender.  A list of all of the Clerks of Court and their contact information can be found on the Judicial Department’s website.
  
  
• If you are not sure if you have been sued in foreclosure, you may also contact your mortgage servicing company directly to find out if your lender has filed a foreclosure action against you.

Can I represent myself in a Foreclosure Action?

Yes, you can represent yourself in court. 

NOTE:  You cannot represent anyone else, even if you hold their Power of Attorney or are the appointed Personal Representative. 

Can I represent my business in a Foreclosure Action?

No, a business entity such as a corporation, homeowners association, or limited liability company (“LLC”) must be represented by an attorney in circuit court or in the appellate courts of South Carolina.   

If I decide to represent myself in court, will the judge make me follow the same rules as an attorney in the courtroom?

Yes.  Under South Carolina law you are held to the same standards of compliance and understanding of court rules and procedures as an attorney.  The judge and the judge’s staff cannot help you try your case.  The Clerk of Court cannot help you, other than to provide scheduling information. 

If you decide to represent yourself in court, you must follow the South Carolina Rules of Civil Procedure.  A link to the court rules can be found on the Judicial Department’s website.  In addition, you may want to check your county’s court website for additional information. 

What should I expect on the day of my hearing?

• Study your hearing notice carefully to determine why you are coming to court. There are many different types of hearings.  You may be going to court for a motion hearing or a final merits hearing or trial. 
  
  
• A motion hearing is normally a time where the judge will hear from the parties who have an interest in the case.  The judge usually does not allow testimony during this type of hearing. 
  
  
• During a final merits hearing or trial, you will be able to testify and call witnesses (if you want).
  
  
• On the day of any court hearing or trial, arrive about fifteen (15) minutes early to find the courtroom.  You can check with the Clerk of Court’s office or ask a bailiff or deputy for directions to the courtroom.
  
  
• If you plan to show the court any papers, pictures, or other evidence, bring copies for the judge and all parties and attorneys involved in the case. 
   
• When you enter the courtroom, sit in the audience section until your hearing is called.
  
  
• More than one case or trial may be scheduled that day.  You may have to wait until your hearing is called.
  
  
• Once your hearing is called, come to the front and sit at one of the two tables facing the judge. 
  
  
• The judge will explain how the hearing or trial will be conducted.
  
  
• Each party will have a chance to speak and ask questions.  Be polite.  If the judge interrupts you while you are speaking, don’t argue.  It is likely that the judge either needs something explained, the matter has already been covered, or the judge determines that your statement is not important to the case. 
  
  
• The judge will let you know when it is your turn to give evidence or to cross examine witnesses.  If an objection is made to evidence or testimony, remember that only one person can speak at a time.

NOTE:  If you have not answered the Complaint, you may not have the right to testify or call witnesses.    

• At the end of the hearing or trial, the judge will either:

(1)     Rule on your case and ask one of the parties to draft a proposed order;  or

(2)     Ask each party to give him or her a written memorandum about the law and facts.

• The judge must decide the case based on the evidence and the law. 

What do I say in court?

• When you appear in court, listen carefully to the judge.  Ask the judge’s permission before you speak.
  
  

• You must stand when speaking to the judge, unless you are physically unable to or the judge allows you to remain seated.
  
  

• When you speak to the judge, start by saying "Your Honor." 
  
  

• Always speak directly to the judge, and speak loudly and clearly.
  
  

• Do not speak while other people are talking in court except when you want to object.
  
  

• Do not shake your head or sigh loudly when you do not like what somebody else says. You will have your chance to talk.
  
  

• When it’s your turn to talk, stay calm and control your emotions as much as possible.
  
  

• Talk loudly enough for everyone to hear you. Remember the court reporter is making a written record of what you say, or the court’s recording device needs to pick up your voice.
  
  

• Do not use slang terms such as “yeah” and “uh huh” because the court reporter and judge may have trouble interpreting what you mean.
  
  

• Don’t yell, make threatening gestures, or curse.

Are there any additional things I need to know before I appear in court?

• Don’t wear a hat or head covering in the courtroom, unless for religious or medical reasons.
  
  

• Don’t drink, eat, smoke, or chew gum while in the courtroom.
  
  

• Do not wear heavy colognes or perfumes. 
  
  

• Don’t bring drugs or alcohol into the courthouse.  Don’t use drugs or alcohol before you come to court (unless medically prescribed).
  
  

• Don’t bring guns, knives, or any other kind of weapon to court with you. Please note that there are metal detectors at the courthouses and deputies will search you and your bags when you go through the security check-point.
  
  

• Don’t bring your cell phone or electronic devices such as blackberries, iPods, and MP3 players to court.  Most counties ban them in court and will hold them in a room while you are in court.  If you are allowed to bring your cell phone to court, turn it off before you walk into the courtroom.  If your phone rings, vibrates, or disturbs the proceedings, court officials may take your device and you may have to pay a fine.
  
  

• Arrive on time.
  
  

• Whenever possible, arrange for childcare prior to coming to court.
  
  

• Encourage all witnesses to arrive early for the hearing.
  
  

• Stand up when the judge enters or leaves the room and remain standing until the judge leaves or says you can sit down.
  
  

• Because each county is different, make sure you follow any additional rules specific to that court.

How can an attorney help me through the foreclosure process?

If you have been served with a Foreclosure Summons and Complaint or Notice of Foreclosure Intervention, it is very important to talk to a licensed South Carolina attorney.  A licensed South Carolina attorney who practices in this area of law should be able to:

• Help you understand the foreclosure process;
  
  
• Identify any defenses to foreclosure;
  
  
• Assist you with loss mitigation (the process banks use to try to minimize their losses) or settlement efforts;
  
  
• Counsel you about other options; and
  
  
• Help you talk with your lender and its attorney.

To find an attorney who can help you with this type of case, you can call the South Carolina Bar's Lawyer Referral Service (LRS) at 1-800-868-2284 (toll free) or South Carolina Legal Services at 1-888-346-5592 (toll free).

More information about this service is provided at the end of these FAQs.

NOTE:  If you need legal advice, you must talk with an attorney. The court, court staff, clerk of court, and the lender's attorney cannot give you legal advice.  

How do I get an attorney if I cannot afford one?

A foreclosure action is a civil action (not a criminal action) so you do not have a constitutional right to free legal aid.  However, if you cannot afford an attorney, you may contact the South Carolina Legal Aid Telephone Intake Service (LATIS) at 1-888-346-5592 (toll free) or 1-803-744-9430 (Columbia area) to see if you qualify for free legal services. 

More information about this service is provided at the end of these FAQs.

I was just served with a Foreclosure Summons and Complaint.  Now what?

If you plan to talk with an attorney, it is important to do so as soon as possible.  You only have 30 days to answer or respond to the Complaint.  If you do not respond in writing to the Foreclosure Summons and Complaint within 30 days, you could lose your ability to tell your side of the story and be held in default. 

Default means that the allegations raised by the other side in the Complaint are admitted as true and accurate.  See Rule 12(a) of the South Carolina Rules of Civil Procedure.

NOTE:  Calling the lender or the lender’s attorney does not answer the Complaint.

Why are there other Defendants named in my foreclosure lawsuit?