A borrower in Greenville, South Carolina defaults on her mortgage payments. The lender wants to recover the property. Which process must the lender follow under South Carolina law?
Correct Answer
B) File a lawsuit in circuit court and obtain a judicial order before the property can be sold at foreclosure
South Carolina requires judicial foreclosure. Because SC uses mortgages (not deeds of trust), there is no power-of-sale clause allowing a non-judicial sale. The lender must file a foreclosure lawsuit in circuit court, obtain a court judgment, and only then can the property be sold at a court-supervised public sale.
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