South Carolina Foreclosure Help Blog

Icon

MISSION STATEMENT: IDENTIFY, PROTECT, AND DEFEND THE RIGHTS OF THE CITIZENS OF SOUTH CAROLINA AGAINST VIOLATION BY LARGE, PROFIT-DRIVEN COMPANIES AND OFFER CLARITY IN WHAT ARE OTHERWISE OPAQUE, CLOUDY AND CONFUSING TRANSACTIONS.

Are Foreclosures Up?

I was recently asked by a friend if foreclosures were increasing in South Carolina and if so where?

That’s not an easy question to answer.  The first problem is determining what is meant by “foreclosure.”  Is the source referring to loans that are late but action has not yet been taken by the bank?  Or is the source referring to Filngs? or Sales? or the number of REO Properties?

Technically, a “foreclosure” does not occur until the homeowner loses her right to pay the debt off and redeem the property.  This doesn’t happen until the foreclosure sale is concluded.   In South Carolina, to get to the foreclosure sale, a mortgagee (“The Bank”) has to commence a legal action.  A Summons and Complaint must be filed and served on the mortgagor.   This would be a “Foreclosure Filing.”

If the term is used to describe the number of delinquent loans, that has its own problems.  Different banks have different timelines before beginning action after a failure to pay.  This could skew results because banks are not evenly distributed. 

Foreclosure is also used to refer to homes that are REO, or owned by the bank (literally “Real Estate Owned”), after the foreclosure sale.  This, by the way, is your best bet for a deal–but that’s for a later post. 

All this is to say that when a source says “foreclosures are up in South Carolina” they could be talking about filings, sales, defaults, or the number of bank owned properties. 

I don’t have any hard facts as to what is actually happening in South Carolina, but I have been talking with the Masters in Equity and Special Referees who handle the foreclosures .  Filings are definately up in every county in South Carolina, but fewer are going to sale than ever.  More and more sales are getting cancelled.  This is due to either bankruptcy filings, loan modifications, extensions of time for workouts or the bank finally taking a look at the property and realizing it’s not worth enough to own. 

My feeling is that the metro areas are hit the worst.  That is where the most speculation construction was centralized.  The metro areas are obviously the areas with the highest raw numbers of sales, but they also have the highest populations.   Add to that individuals who are near poverty also tend to congregate in metro areas where public assistance is more available.

Filed under: Foreclosure, General Information

Introduction

Welcome!  My name is Shawn M. French, Sr., Attorney at Law.  I am an attorney in Mt. Pleasant, SC who services the entire state of South Carolina.  You can find me at 1476 Ben Sawyer Blvd, Suite 3, Mt. Pleasant, SC 29464.  My telephone number is 843-412-0948. 

I mainly help people who are in foreclosure and I also practice in bankruptcy and civil litigation. 

If you are facing foreclosure, contacting an attorney is a good move.  Just because you owe the mortgage company money, this does not mean that you should let them walk all over you.  An attorney will clarify what is going on and ensure that your rights are not being impinged.  The Mortgage Company has an attorney who’s job is to get whatever she can for that mortgage company.  Borrowers would be well served to have an advocate as well.  May borrowers end up losing rights simply because they do not know to assert them.    Help may be available at most stages of the foreclosure, whether you have just missed your first payment or the hearing has already occured.  

Help cannot reach you, however, if you do not reach out first.  Contact an attorney today.  The money will be well worth it.

Filed under: General Information, Introduction

 

June 2012
M T W T F S S
« Jul    
 123
45678910
11121314151617
18192021222324
252627282930  
Follow

Get every new post delivered to your Inbox.