Question 1. I have been served with a lawsuit. What should I do?
You must file a response to the lawsuit within either twenty (20) or thirty (30) days, depending on the amount of time contained in the Summons that you received with the lawsuit. In most lawsuits, South Carolina law provides thirty (30) days to file a response. Additionally, the Fair Debt Collection Practices Act allows for thirty (30) days to file a response on certain types of collection actions such as a foreclosure. However, if you are being sued by the federal government (such as if your home is financed with the Rural Housing Service) you may only have twenty (20) days to answer. You need to read the Summons very carefully. For further questions you should contact an attorney immediately if you have been served with a foreclosure lawsuit.

Question 2. My home has gone into foreclosure. How can I save my house?
Generally, there are two ways to save your house. The first is to contact your lender and find out how much money it will take to bring your payments current. Usually, the lender will make you pay the back payments together with the costs it incurred in filing the lawsuit. If you have been served with legal papers you should contact the attorney who signed them. If you have not been served, contact the loss mitigation department for your lender. The second way to save your house is to file a Chapter 13 bankruptcy. (See "Bankruptcy" section). Another option is to offer a deed in lieu of foreclosure. In this situation, you would transfer the property to the lien holder to avoid a foreclosure. This may not be an option if you are trying to save your house.

Question 3. How long before I have to move out of my home?
This varies, but as a general rule, you will have between two (2) and six (6) months from the date you were served with the foreclosure lawsuit. There are a lot of things that can happen during a lawsuit which can either lengthen or shorten the time period. If you have been served with a foreclosure lawsuit you should contact an attorney immediately.

Question 4. I was only late a few times on my mortgage payment. Why am I being foreclosed?
Your mortgage agreement is just like any contract. It requires payment to be made by a certain date. If you don't make payments by the required date, you are in breach of your contract, and the lender can file suit or do anything else allowed under the written contract.

Also see Real Estate and Landlord/Tenant

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