VII. Correction of Errors or Omissions after the Foreclosure Sale

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

VII. Correction of Errors or Omissions After the Foreclosure Sale

In some cases, an error or omission in the foreclosure action may be discovered after the subject property has sold at the foreclosure sale or to a third party by the foreclosure purchaser, and the foreclosure action has ended. The issue then becomes how to correct the error or omission.

Nearly all foreclosure actions are referred by order of reference to Masters in Equity or Special Referees, pursuant to Rule 53, SCRCP. Such referral vests in the equity judge all the powers of a circuit court judge sitting in non-jury matters.¹⁸³ Thus, when a final judgment is issued in the foreclosure action, the authority of the equity judge to act in a given case, as is the case with a circuit court judge, is ended, except as the matter may be brought back before the court, pursuant to Rules 59 or Rule 60, SCRCP. Most orders of reference contain the language that state that the equity court judge will hear "any and all any issues, including motions, after sale or judgment."¹⁸⁴

Under Rule 59(e), SCRCP, there is a ten-day period from the date of notice of entry of the final judgment to move to alter or amend the judgment order.¹⁸⁵ After that time, the court will not consider a Rule 59(e) motion, and relief must be sought under Rule 60, SCRCP, when and where applicable.

Under Rule 60(a), SCRCP, the court is limited to correction of "clerical mistakes," and this rule is a viable...