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Top 10 Foreclosure Top 10 Foreclosure Questions Questions Charleston County Master-In- Charleston County Master-In- Equity Equity Honorable Mikell R. Honorable Mikell R. Scarborough Scarborough 100 Broad Street Suite 266 100 Broad Street Suite 266
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Charleston County Foreclosure Update

Jan 15, 2015

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Real Estate

Charleston County's Master-In-Equity, Judge Mikell Scarborough gave an update on the state of the foreclosure process in Charleston County and what the new foreclosure mediation ruling from the South Carolina Supreme Court means for the future of foreclosures.
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Page 1: Charleston County Foreclosure Update

Top 10 Foreclosure Top 10 Foreclosure QuestionsQuestions

Charleston County Master-In-EquityCharleston County Master-In-Equity

Honorable Mikell R. ScarboroughHonorable Mikell R. Scarborough

100 Broad Street Suite 266100 Broad Street Suite 266

Page 2: Charleston County Foreclosure Update

1. How does the foreclosure 1. How does the foreclosure process work? process work?

Mortgage defaultMortgage default

FilingFiling

HAMP eligibilityHAMP eligibility

Hearing Hearing

Sale Sale

Page 3: Charleston County Foreclosure Update

2. What is HMP?2. What is HMP?

Home Affordable Home Affordable Modification ProgramModification Program

Eligibility/Non-Eligibility/Non-eligibility eligibility

Other programsOther programs

Page 4: Charleston County Foreclosure Update

3. What is a deficiency judgment? 3. What is a deficiency judgment?

Deficiency v. Deficiency v. Waiver of Waiver of Deficiency Deficiency

Impact post-saleImpact post-sale

Page 5: Charleston County Foreclosure Update

4. 4. Once the foreclosure process Once the foreclosure process begins, how long do I own the house?begins, how long do I own the house?

SaleSale

ComplianceCompliance

DeedDeed

EvictionEviction

Page 6: Charleston County Foreclosure Update

55. . Once the foreclosure process begins Once the foreclosure process begins is there any way to save my house?is there any way to save my house?

Loan ModificationLoan Modification

Loss MitigationLoss Mitigation

Forbearance Forbearance Agreement Agreement

Short Sale Short Sale

Reinstatement Reinstatement

Page 7: Charleston County Foreclosure Update

6. Should I attend my foreclosure 6. Should I attend my foreclosure hearing?hearing?

Not requiredNot required

Benefits of Benefits of attending hearingattending hearing

Page 8: Charleston County Foreclosure Update

7. What is a short sale?7. What is a short sale?

Short saleShort sale

Approval by Approval by lender(s)lender(s)

Tax ramifications Tax ramifications

Page 9: Charleston County Foreclosure Update

8. If I cannot afford an attorney are 8. If I cannot afford an attorney are there any other options? there any other options?

Family Services, Inc. (Mortgage Family Services, Inc. (Mortgage Foreclosure Assistance) Foreclosure Assistance)

Free ServiceFree Service

Primary residences ONLY Primary residences ONLY

Cannot assist owners of mobile homes, Cannot assist owners of mobile homes, rental properties or tenantsrental properties or tenants

Contact: 843-744-1384 or www.fsisc.orgContact: 843-744-1384 or www.fsisc.org

Page 10: Charleston County Foreclosure Update

9. What if I am a tenant?9. What if I am a tenant?

Protecting Tenants in Protecting Tenants in Foreclosure ActForeclosure Act

Valid written lease Valid written lease

90 days v. End of 90 days v. End of lease termlease term

Section 8 Housing Section 8 Housing

Page 11: Charleston County Foreclosure Update

10. How do I track the foreclosure 10. How do I track the foreclosure sales? sales?

Foreclosure Auction List