South Carolina State Updates

As previously reported to our clients, by April 30, 2020 Order, the Chief Justice of the South Carolina Supreme Court ended the foreclosure and eviction moratorium as of May 15, 2020, and equity court proceedings resumed on May 18, 2020.  However, several procedural orders have been published effecting court operations.  What does this mean for our foreclosure and eviction clients?

1. Foreclosure and eviction proceedings may proceed in SC.  All moratoriums have expired.
2. A court form Certification of Compliance with the CARES Act is required to be filed before we can proceed.  As your attorney, one of our firm lawyers must certify that either the loan is not a Federally Backed Mortgage Loan, or that it is a Federally Backed Mortgage Loan that is not subject to a CARES Act forbearance plan.  We are requiring written confirmation of one of these options from our clients to proceed with signing the Certification.
3. Hearings are proceeding by video conference, telephone conference, or in person.  The trial judge has wide discretion in conducting hearings.
4. Most judges are scheduling July foreclosure sales, subject to social distancing requirements.
5. Answer due dates are extended 30 days.
6. There is some debate whether or not the case must be dismissed if the loan is placed on a CARES Act forbearance plan.  At this point, our firm is not summarily dismissing these cases so that our clients do not automatically incur restart costs for defaulting homeowners.