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Filing Checklists

Interactive, jurisdiction-specific checklists for residential and timeshare foreclosure cases

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Residential Foreclosure Checklist

Hampton County, South Carolina

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Phase 1 — Intake & Due Diligence

Receive referral package from lender/bank
Confirm property address, legal description, and county
Run conflict of interest check
Obtain original Note and Mortgage (or certified copies)
Verify chain of title and all assignments of mortgage
Confirm client has standing to foreclose
Check for prior liens, HOA liens, or tax certificates
Run PACER search for pending bankruptcy filingsCRITICAL
Obtain payoff calculation / amounts due from lender
Confirm property is not owner-occupied (if applicable)

Phase 2 — Pre-Filing

CRITICAL
File Lis Pendens with Register of Deeds — no more than 20 days before complaintCRITICAL

Fee: $10.00 · §15-11-10

Obtain Certificate of Compliance (§29-3-100)CRITICAL
Prepare Complaint for Foreclosure
Prepare Summons for each defendant
Identify all necessary defendants (borrower, co-borrower, junior lienholders, HOA, etc.)
Prepare Lis Pendens for recording (if not already filed)

Phase 3 — E-Filing

Log in to SC Courts E-Filing Portal

https://efile.sccourts.org

Convert all documents to PDF (text-searchable) format
Verify file sizes (limit: 8 MB per document / 40 MB per submission)
Select correct case type: Common Pleas — Foreclosure/Mortgage (CP-Foreclosure)
Pay filing fee: $150.00
Upload Complaint, Summons, and all attachments
Upload Certificate of Compliance with complaint
Confirm e-filing submission and save confirmation number
Record Lis Pendens with Register of Deeds / Clerk of Court

Phase 4 — Service of Process

Arrange service on all defendants (Sheriff or private process server)
Answer deadline: 30 days from service
Track service dates for each defendant
File Proof of Service / Return of Service with court
If defendant cannot be located: file Motion for Service by Publication

Phase 5 — Default or Contested Proceedings

If no answer filed: prepare and file Motion for Default
Obtain Entry of Default from clerk
Attend hearing (in person or via Zoom if permitted)

Phase 6 — Foreclosure Sale

Obtain signed Final Judgment / Decree of Foreclosure
Schedule foreclosure sale date
Publish Notice of Sale as required by statute
Confirm auction platform with clerk
Attend / monitor foreclosure sale
File Certificate of Sale / Confirmation of Sale
Obtain Certificate of Title / Sheriff's Deed after objection period

Phase 7 — Post-Sale

Record deed with Register of Deeds / Clerk of Court
Notify lender of sale results
Assess deficiency judgment (if applicable and permitted)
File Motion for Writ of Possession (if property occupied)
Close file and send final billing to client