IV. Contested Matters

• Library: South Carolina Foreclosure Law Manual (2021 Ed.)

IV. Contested Matters

A. Contested Cases

E-filing allows the Master-in-Equity or Special Referee to easily review all filed documents to determine if the foreclosure case is contested. In a contested case, it may be helpful to set a status conference to meet with the various parties to review the contested issues, and to determine if a detailed scheduling order is warranted. This status conference is also an opportunity to meet with self-represented litigants ("SRL") and pro se party-defendants so the court may discuss the proper procedure, process, and civility expected during the litigation. Often, contested trials are set for a date certain pursuant to a scheduling order created after a status conference.

In a contested foreclosure case, the hearing will be conducted in accordance with the applicable rules of civil procedure and evidence, in the same manner as any other contested proceeding. Developing case law should be carefully monitored to determine appellate standards for hearsay issues regarding admissibility of prior mortgage servicer(s)'/lenders(s)' business records. The non-jury trial is unique...