The Master's Decree and Judgment of Foreclosure of Real Estate is the form the Charleston County Master in Equity uses to record findings of fact and enter a judgment of foreclosure on a mortgage. It is a court order for a foreclosure case, not a Charleston County property tax form, although it deals with tax liens and says the sale is subject to taxes and assessments. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the county publishes the original on its Master in Equity forms page.
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What is Master's Decree and Judgment of Foreclosure of Real Estate – Charleston County, SC?
The Master's Decree and Judgment of Foreclosure of Real Estate is the Charleston County Master in Equity form that records the findings of fact and conclusions of law in a mortgage foreclosure case and orders the mortgaged property sold at public auction. The printed title inside the PDF reads "Master's Decree and Judgment of Foreclosure of Real Property."
The form opens with a South Carolina caption (civil case number, county, plaintiff(s) and defendant(s)). It states that the case was referred to the Master in Equity under Rule 53 of the South Carolina Rules of Civil Procedure (SCRCP), with authority to enter a final judgment, and that any appeal goes directly to the South Carolina Supreme Court.
It then has three parts:
- Findings of Fact (paragraphs 1 to 17): lis pendens and summons dates, service, default, the note, the mortgage, any assignment, title holders, the attorney's fee, the itemized debt, the waiver of a deficiency judgment, and competing liens.
- Conclusions of Law: the plaintiff should have judgment of foreclosure and the property should be sold at public auction.
- Orders (paragraphs 1 to 14): the debt and judgment interest, the terms of sale, how proceeds are applied, removal of occupants by the Sheriff of Charleston County, the deed, and the legal description of the property.
The decree is one of the foreclosure documents on the Master in Equity's forms page, which also lists the Lis Pendens, Summons, Affidavit of Default, Order of Reference and Supplemental Order of Foreclosure as separate forms.
Who needs to file Master's Decree and Judgment of Foreclosure of Real Estate – Charleston County, SC?
The form is used in a mortgage foreclosure case that has been referred to the Charleston County Master in Equity. It is completed for the plaintiff's side of the case, because the findings recite the plaintiff's note, mortgage, assignment, attorney's fee and debt, and it ends with the decree for the Master in Equity to sign.
Conditions the form itself attaches:
- The case must have been referred to the Master in Equity under Rule 53, SCRCP, and a hearing must have been held with the attorneys of record present.
- The mortgaged property must be in Charleston County, as paragraph 8 states.
- The form assumes the plaintiff has waived a personal or deficiency judgment under Rule 71(b), SCRCP (paragraph 15). A case that does not match that paragraph needs different wording.
- Paragraph 16 is for defendants who claim liens: another mortgagee, the South Carolina Department of Revenue and Taxation, the United States of America (tax liens) and judgment holders.
The form is not a tax bill, a tax appeal or a tax payment document. The Master in Equity's forms page lists separate forms for other stages, such as the Complaint for Foreclosure of Mortgage and the Complaint for Quiet Title After Tax Sale.
When to file Master's Decree and Judgment of Foreclosure of Real Estate – Charleston County, SC
The decree comes late in a foreclosure case: the form recites that the matter was referred to the Master in Equity, that a hearing was held with testimony taken, and that the lis pendens, the summons and complaint, service and default were already in the record. It is therefore prepared after those steps and presented for the Master in Equity's decision.
The form prints no deadline of its own. Some of its dates run from the decree or the sale: the successful bidder has thirty (30) days after the sale to comply with the bid, or the property may be re-advertised, and the United States of America has a right of redemption for 120 days from the date of sale under Section 2410(c), Title 28, United States Code. Check the Master in Equity's office for any scheduling requirements in your case.
How to fill out Master's Decree and Judgment of Foreclosure of Real Estate – Charleston County, SC
Complete the case caption
Enter the civil case number, the county, and the names of the plaintiff(s) and defendant(s) in the caption at the top of the form.
Enter the filing dates
In paragraphs 1 and 2 of the Findings of Fact, fill in the dates the Lis Pendens and the Summons and Complaint were filed.
Complete service and default findings
In paragraph 4, name the Defendants in default as shown by the affidavit filed. Paragraphs 3, 5 and 6 cover service, non-military service and notice of the hearing.
Describe the note and mortgage
In paragraphs 7 and 8, enter who made the note, its date, payee and principal sum, the interest rate, and the mortgage date, recording date, Book and Page at the R.M.C. for Charleston County. Paragraph 9 states that the mortgage is a first lien and a purchase money mortgage.
Add assignment and title holders
In paragraph 10, give the assignment date, recording details and the parties; paragraph 11 names the title holders of record when the Lis Pendens was filed.
Enter the attorney's fee
In paragraph 13, enter the sum found to be a reasonable attorney's fee for services performed and anticipated until final adjudication.
Itemize the debt in paragraph 14
Complete items (a) to (f): principal, interest with its dates and rate, advancements to escrow, late charges, costs of collection before the hearing and the attorney's fee, then the Total Debt.
List competing liens in paragraph 16
Name the Defendants who claim liens and complete the entries for the mortgage, the South Carolina Department of Revenue and Taxation lien, the United States of America tax liens and any judgment, with amounts, dates and filing details.
Fill in the order amounts and rates
In the orders, enter the sum due in paragraph 1, the judgment interest rate in paragraph 2, and the rate for interest on the bid balance in sale term B of paragraph 4.
Add the property description
In paragraph 14 of the orders, replace the placeholder with the legal description, then enter the current address of the property and the TMS number.
Review and download the PDF
Check the amounts, dates and names against the case record, noting that the signature block is printed for the Master in Equity. Download or print the completed PDF from FillingPDF.
How to submit Master's Decree and Judgment of Foreclosure of Real Estate – Charleston County, SC
The form prints no mailing address, portal or delivery instruction, so how the completed decree reaches the Master in Equity is set by the Charleston County Master in Equity, not by the PDF.
- Master in Equity forms page: https://www.charlestoncounty.gov/departments/master-in-equity/forms.php lists this decree among the office's forms, and the same list includes an item called E-Filing Procedures.
- Signature: the form ends with a signature block printed for Mikell R. Scarborough, Master in Equity for Charleston County, so the decree is signed by the Master in Equity.
Before you send or file anything, confirm the current procedure with the Master in Equity's office. The PDF is also hosted by the county at the official source link. FillingPDF lets you fill out and download the PDF; submission follows the Master in Equity's own channels.
Common mistakes to avoid
- Leaving the placeholder "Insert legal description here" in paragraph 14 of the orders instead of the legal description of the premises to be sold.
- Omitting the current address of the property or the TMS number printed at the bottom of the form.
- Entering a Total Debt that does not match the items (a) to (f) in paragraph 14 of the findings, since decree paragraph 1 repeats that total.
- Listing the attorney's fee in paragraph 14(f) at a different amount than the reasonable fee found in paragraph 13.
- Leaving paragraph 16 lien entries (mortgage, South Carolina Department of Revenue and Taxation, United States of America, judgment holder) that do not apply to the case.
- Naming in paragraph 11 a title holder who was not the title holder of record when the Lis Pendens was filed; the deed provision relies on the first-named Defendant being that holder.
- Using the form without checking that it fits the case: it assumes default, an affidavit of non-military service and a waiver of a deficiency judgment under Rule 71(b), SCRCP.
Frequently asked questions
Is the Master's Decree a Charleston County property tax form?
No. It is a foreclosure court form of the Charleston County Master in Equity. It mentions tax liens and says the sale is subject to taxes and assessments, but it is not a property tax bill, return or payment form.
What is the Master's Decree and Judgment of Foreclosure of Real Estate?
It is the Master in Equity's decree in a mortgage foreclosure case. It records findings of fact, concludes that the plaintiff should have judgment of foreclosure, and orders the mortgaged property sold at public auction at the Charleston County Courthouse.
Can I fill out the Master's Decree online?
You can complete the PDF online on FillingPDF and download or print it. FillingPDF is independent of Charleston County and does not file the decree; the Master in Equity's office sets how it is submitted.
Where do appeals from the Master in Equity's decree go?
The form states that any appeal from the Master in Equity's decision goes directly to the South Carolina Supreme Court. The decree recites that the case was referred to the Master in Equity under Rule 53, SCRCP.
What does the decree say about how the property is sold?
It orders a public auction by the Master in Equity, for cash, with a deposit on the bid that is forfeited if the bidder does not comply within thirty (30) days. The sale is subject to taxes, assessments and easements of record, and the purchaser pays for the deed and recording.
How long does the United States have to redeem the property?
120 days from the date of sale. The decree states that the United States of America has a right of redemption under Section 2410(c), Title 28, United States Code, and the sale is made subject to it.
Who signs the Master's Decree?
The signature block is printed for Mikell R. Scarborough, Master in Equity for Charleston County. The form has no signature line for the parties or attorneys.
Where do I find other Charleston County foreclosure forms?
The Charleston County Master in Equity publishes them at https://www.charlestoncounty.gov/departments/master-in-equity/forms.php, including the Lis Pendens, Summons, Affidavit of Default, Order of Reference, Writ of Assistance and Supplemental Order of Foreclosure.
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