South Carolina Supreme Court Establishes HAMP Procedure

28 May South Carolina Supreme Court Establishes HAMP Procedure

The South Carolina Supreme Court has issued an administrative order that establishes a procedure which delays foreclosure sales in pending cases until HAMP applications can be processed where the mortgage is subject to HAMP, requires lenders to notify the court when HAMP applies in new cases, and allows foreclosure to proceed where loans are not subject to modification under HAMP or HARP. This order follows the Supreme Court’s unprecedented order of May 4, 2009 staying all foreclosure sales in the state until the applicability of HAMP and HARP could be determined.

It is early days yet, but anecdotal reporting from practitioners in South Carolina seems to indicate that lenders are still having problems meeting the requirements of the administrative order. In the meantime, homeowners may be receiving more notices that are difficult to understand. If you are in foreclosure, or if you’re just not sure how you are affected, consult an attorney. The time frame for taking action may still be limited.

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Däna (pronounced "Donna") Wilkinson, has been a bankruptcy lawyer in South Carolina for 20 years. She is certified as a bankruptcy specialist by the South Carolina Supreme Court.
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