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How do I file a motion to delay a foreclosure sale in SC?

Beaufort, SC |

My sale date is set for 1/7/13 and I am working with SC Help to obtain funding to pay the arrearages due on my mortgage. SC Help tells me they can't help me anymore if I don't get the sale date extended.

I should have mentioned I can't afford to hire an attorney and will need to write and file this motion myself. I have no idea how the body of the motion should be written.

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Attorney answers 2


Generally, there is no specific motion to delay a foreclosure sale. The law allows a motion to set aside a court judgment. The law also allows for an appeal of a judgment, which must be done within 30 consecutive days, including weekends and holidays, of the judgment. There are also time restrictions with filing motions to set aside judgments. In order to do either, a person must have some grounds as to why the court ruled incorrectly, why the law was not followed, or generally why the judgment is not valid.

How to draft either document is regrettably too detailed to fully explain in this forum. You are advised to consult with an attorney for detailed instruction and guidance on drafting and also any filing deadlines.

There are some specific protections/steps in SC for homeowners in foreclosure that must be followed, namely the process of foreclosure intervention. Sometimes objections can be raised if those steps are not followed. However, a lot of the ability to raise these objections will depend upon what happened in the court action, assuming that one has had a foreclosure hearing, and whether or not the party was in default, meaning whether or not the party timely served and filed a written answer to the complaint served.

Most attorneys for the mortgage company are aware of the SCHelp program. SOME attorneys will consent to delay a sale to attempt to await the outcome of a SCHelp application provided that their client, the mortgage company, agrees. The farther along the applicant is in the application process the better, although this is not a guarantee of a consent to delay. Any such decision to delay must be in writing and signed by the judge. To get the delay issue before the judge, typically a motion or some formal court filing will be needed.

This is general information regarding the SC foreclosure process. As such, given the many details associated with foreclosure actions and the very serious nature of it, you are STRONGLY advised to consult with an attorney in-person. If you are unable to afford an attorney, South Carolina Legal Services is a non-profit statewide law firm and may be able to assist you at no cost of attorney's fees if you qualify based on income and issue. You are required to pay any applicable court costs or other costs of litigation.

To do an application, you will need to call 1- (888) 346-5592 and complete it over the phone to see if you qualify for assistance. Notably, this is not a guarantee of case acceptance. Their offices will likely be closed until December 27, 2012, but you can call to make sure.

Lastly, SOMETIMES a Chapter 13 bankruptcy can be filed to assist someone with preventing the sale of a home. However, it requires a certain amount of income, to include enough to pay one's mortgage and also a monthly portion of the missed payments along with some payment to other creditors, the trustee, and a filing fee. If a Chapter 13 were financially AND otherwise an option, it must be filed PRIOR to any sale in order to be effective. With that said, someone CANNOT qualify for SCHelp if in an active bankruptcy. It is against the rules of the program.

I wish you well with resolving your issue.

NOTE: This information is provided for general legal information only and does not constitute advice. It does not address specific, personal issues as there is no direct contact with the questioner nor a review of any applicable documents. This response of general legal information does not create an attorney-client relationship. You are strongly advised to consult with an attorney in-person. The Brown Law Office, LLC is a private law firm managed by Tina L. Brown, solo practitioner, and providing legal representation for consumer debtors under the United States Bankruptcy Code, some general consumer matters, defense of tenants in rental matters with a particular emphasis upon income based housing, and simple estate planning matters.


You should consult with local foreclosure counsel.

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