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Financial Services Law Insights and Observations

South Carolina Allows Expedited Foreclosures For Abandoned Properties

Foreclosure

Lending

On June 2, South Carolina established a new expedited procedure for mortgage foreclosures on abandoned properties. Governor Nikki Haley signed SB 1007, which allows a mortgagee or its successor to petition a court for an expedited judgment of foreclosure if the property is not occupied and meets at least two of several conditions—e.g. windows or entrances are boarded or otherwise closed, doors are smashed or continually unlocked, utility services have been terminated—and provided the property does not fall within certain exceptions—e.g. it is seasonally occupied or the owner is deceased and the heirs can be identified. The new law took effect immediately.