Housing

Being comfortable in your own home is critical to your well-being. If you're having an issue with your housing, whether you own or rent your home, we can help. Here's some information to get you started thinking about your options. If you'd like to speak with an attorney over the phone or in person about your housing issue, just give us a call at (843) 640-5980, or click the button below to submit a contact form.

 
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Foreclosure/repossession

Foreclosure on a home can be initiated by a bank, a loan servicer, an HOA, or another person with a lien on your real property. If you own a mobile home, the process will be different, and comes with fewer protections than with a traditional house. Mortgages, debt collection, and foreclosures are highly regulated under federal and state law, and there are many protections for homeowners. But the more proactive you are in seeking help and asserting your rights, the more likely you are to succeed in protecting your home. If you have received a letter that says it is a notice of the right to cure, or if you have been served with a foreclosure lawsuit, please schedule a consultation with an attorney immediately.

In most South Carolina counties, foreclosures of houses, condominiums, and apartments aren't overseen by normal judges, but by a Master-in-Equity. This means that the judge overseeing your case will be a specialist in homeownership and foreclosure issues. Click here for the Charleston County Master-in-Equity's website, which has information about upcoming hearings, procedural information, and pre-written forms for use in litigation. Mobile home foreclosures are normally brought as a complaint for claim and delivery, and are litigated in normal (i.e. Circuit) court. Click here for information about SC Help, a federally-funded state program that offers free assistance to help keep homeowners in their houses.

 
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Landlord/tenant disputes

In South Carolina, rental agreements are governed by the South Carolina Residential Landlord and Tenant Act, and you can read the entire thing by clicking here.

If you need to sue your landlord (or tenant), and the amount you are claiming is less than $7,500, you will be bringing your claim in small claims court, which is a division of county magistrate's court. The courts have created an FAQ sheet to help guide pro se (self-represented) litigants through the process of arguing their case in magistrate's court, which is available here. We generally do NOT take eviction cases where the only issue is failure to pay rent, because it normally makes sense for those clients to spend their money on settling with their landlord, rather than on paying for a lawyer. If you are homeless or will become homeless if you are evicted, please consider contacting 180 Place at (843) 737-8357 and asking for legal assistance.

 

other

Other housing issues related to housing could include property issues (please see here for more information) like deed disputes, disagreements among co-owners of a property, heirs property issues, or land contract sales. If you're not sure what category your problem falls into, give us a call. We have attorneys available to talk to you over the phone and are happy to help you find the right way to tackle whatever challenge you are facing.