Mortgage foreclosure surplus

S.C. R. Civ. P. 71(c) directly governs claims against surplus from a judicial mortgage foreclosure sale; claimants present verified claims to the master or other sale officer for court adjudication. Rule 71(c) requires a verified claim within 45 days after the statement of receipts and disbursements is filed. An unfiled claim is deemed abandoned and waived as to that surplus. The absence of post-sale redemption is not the cash-claim deadline.

Tax sale surplus

S.C. Code Ann. § 12-51-130 governs tax-sale overage after taxes, assessments, penalties, costs and outstanding municipal tax liens; § 12-51-90 governs the separate 12-month redemption right. Under § 12-51-130, remaining overage is payable 90 days after tax-deed execution unless another claimant sues; it must be claimed or assigned within five years of the public auction tax sale or it escheats to the local governing body.

Unclaimed funds

South Carolina Uniform Unclaimed Property Act, S.C. Code Ann. tit. 27, ch. 18; § 27-18-250 governs claims to the State Treasurer. Section 27-18-250 sets no fixed general initial owner-claim cutoff. Its 90-day administrator review period follows filing. The separate tax-sale overage under § 12-51-130 escheats locally after five years.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

• Tax sale surplus statute
• Mortgage foreclosure statute