Basic Foreclosure Sale Facts

Sales are usually the first Monday of each month at 11:00 A.M. held in Magistrate Courtroom 2, First Floor, Spartanburg County Judicial Center, 180 Magnolia Street. When the first Monday is a legal holiday, then the sale will be the next day, Tuesday.

Public Notices are published in The Spartan Weekly and The Herald-Journal classified ads section and published for three (3) weeks prior to the sale. You may also click on the Current Property to Be Sold to view the upcoming month’s listing. The list as seen on the website is the same list used the day of the sale.

Our deed is not a general warranty deed. It is suggested that you obtain a title opinion from a licensed attorney prior to bidding on any property.

Each property is usually sold subject to any past due or accruing property taxes, assessments, existing easements and restrictions of record. That means if you purchase the property, you pay current year and any back taxes. You can check this amount at the County Tax Office at 366 North Street, Spartanburg, SC, 864-596-2544.

At the Sale
If you are the successful bidder at our sale, you are required to deposit five (5%) percent of your bid in cash or certified check at the time your bid is accepted. You cannot leave the sale and come back with your funds. As a general rule of thumb, you know how much money you are willing to pay for a property. It is suggested that you bring 5% of that amount with you. In other words, IF YOU DON'T HAVE THE FIVE (5%) PERCENT WITH YOU, DO NOT BID.

Generally, you have twenty (20) days from the sale to bring in the balance of your bid and pick up your deed. The Foreclosure Order and advertisement covers the terms of sale for each case. READ IT. The successful bidder also must pay interim interest on the bid from the date of sale through the day of compliance. Along with the interest to be paid there is a $25.00 deed fee. There is a cost of $10.00 to the County Treasurer to record the deed and the purchaser must also pay deed documentary stamps. The cost for recording the deed and the cost of stamps are paid to the Treasurer and not collected by the Equity Court.

Usual Terms of the Sale
Sometimes the property is sold subject to a mortgage(s) or judgment(s) or other types of lien(s). That means you not only purchase the property, but you are also buying the obligation and terms of the mortgage(s), judgment(s) or lien(s). The Court will attempt to announce at the sale the balance due on the mortgage(s), judgment(s) or lien(s) as of the sales day.

Some properties are sold subject to the 120 day or one (1) year right-of-redemption of the United States of America or other governmental agencies. That means the Government has a tax lien or some other lien against the property and has the right to redeem the property during the stated time period. If this occurs, you would be reimbursed your sales price with interest by the Government.

Some Plaintiffs seek a deficiency judgment against the Defendant(s). That means the Plaintiff is not only foreclosing its mortgage but is also seeking a money judgment. The bidding remains open for (30) days after the original sales date. On that 30th day, the property is offered for sale again and the highest bid is accepted. The Plaintiff and/or highest bidder at the first sale are not allowed to bid at the deficiency sale.

The Foreclosure Order and ad covers all the terms of sale, unless specifically amended by the Court at the time of sale. Properties can be pulled from sale for any number of reasons up until the moment they are offered for sale.

Thank you for your interest in our sales. This fact sheet is prepared in an effort to answer the most frequently asked questions. As always, we are happy to help you understand our process. 

This fact sheet is in no way a representation or warranty nor intended to be relied upon concerning any aspect of Equity Court Sales. Any questions should be directed to a licensed attorney.