The Rule to Show Cause to Extinguish Interest of Omitted Lienholder is a court form published by the Charleston County Master In Equity. It is an order that calls a mortgage lienholder to a hearing to show why its mortgage lien interest should not be extinguished in a pending foreclosure action. It is meant for the case file of that foreclosure, together with the petition it refers to. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original is published by the county at the official link.
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What is Rule to Show Cause to Extinguish Interest of Omitted Lienholder – Charleston County, SC?
The Rule to Show Cause to Extinguish Interest of Omitted Lienholder is a one-page order form of the Master-In-Equity for Charleston County, South Carolina. It orders a lienholder to appear at a hearing and show cause why its mortgage lien interest should not be extinguished in a foreclosure action.
The form is written as a court order. It states that, having read the attached Petition in Support of Rule to Show Cause, the Court finds a hearing proper to decide whether the mortgage interest of the lienholder should be extinguished as to the property in the foreclosure action. The grounds it recites are, among other things, that the value of the real property is less than the total of the prior encumbrances, and that a resale would not produce proceeds to satisfy any part of that lienholder's claim.
The page has a case caption (civil case number, county, plaintiff(s) and defendant(s)), blanks for the lienholder's name, a blank for the hearing date and time, and a signature line for Master-In-Equity Mikell R. Scarborough. The hearing is set for Courtroom 2A, Charleston County Judicial Center, 100 Broad Street, Charleston, South Carolina 29401.
The Master In Equity's forms page lists related documents as separate forms, among them the Motion for Rule to Show Cause to Extinguish Interest of Omitted Lienholder and the Order to Extinguishing Interest of Omitted Lienholder.
Who needs to file Rule to Show Cause to Extinguish Interest of Omitted Lienholder – Charleston County, SC?
The form is used in a foreclosure action before the Master-In-Equity for Charleston County when a lienholder with a mortgage interest in the property was omitted from the action and the court is asked to hold a hearing on extinguishing that interest. The form itself recites the grounds: the property's value is less than the total of the prior encumbrances, and a resale would not generate proceeds to satisfy, in whole or in part, that lienholder's claim.
The lienholder named on the form is the party ordered to appear. It appears through its authorized representative. The form does not say who must prepare it; it refers to an attached Petition in Support of Rule to Show Cause and carries the Master-In-Equity's signature line, so it is completed in the case file before the Master-In-Equity signs it.
The form applies only to a lienholder's mortgage lien interest in the property that is the subject of a foreclosure action. The county lists other rule to show cause and order forms separately, such as the Rule to Show Cause to Satisfy Mortgage.
When to file Rule to Show Cause to Extinguish Interest of Omitted Lienholder – Charleston County, SC
The form is used once a foreclosure action is pending and the Petition in Support of Rule to Show Cause has been prepared, because the form refers to that attached petition. It sets its own date: the hearing day, month, year and time are filled in on the form, and the order bears a signing date. No separate filing deadline is printed on it. The form also directs that a certified copy of the Rule, with the Summons and Complaint, be served on the lienholder forthwith.
Documents you need
- Petition in Support of Rule to Show Cause: the form states that the Court acts upon reading and considering this attached petition, so it accompanies the Rule.
- Summons and Complaint: a certified copy of the Rule to Show Cause and the Summons and Complaint are to be served on the lienholder named on the form.
How to fill out Rule to Show Cause to Extinguish Interest of Omitted Lienholder – Charleston County, SC
Enter the civil case number
At the top, write the civil case number of the foreclosure action in which the Rule will be entered.
Complete the case caption
After COUNTY OF, enter the county, then list the PLAINTIFF(S) and the DEFENDANT(S) exactly as they appear in the foreclosure case.
Name the omitted lienholder
Enter the lienholder's name in each blank of the opening paragraph, where the form refers to the mortgage interest of the lienholder and to the claim of the said lienholder.
Name the lienholder in the order
In the paragraph beginning NOW, THEREFORE, enter the lienholder's name where it is ordered to appear by and through its authorized representative, and again where the mortgage lien interest is described.
Fill in the hearing date and time
Enter the day, month and year of the hearing and the hour with a.m. or p.m. The courtroom is already printed as Courtroom 2A, Charleston County Judicial Center, 100 Broad Street.
Identify who is to be served
In the line beginning LET A CERTIFIED COPY, enter the name of the lienholder to be served with the Rule, the Summons and the Complaint.
Leave the Master-In-Equity signature
The signature line for Master-In-Equity Mikell R. Scarborough and the Dated blank are completed when the court signs the order.
Review and download the PDF
Check every blank against the foreclosure case file, then download or print the completed PDF from FillingPDF and assemble it with the petition as described under How to submit.
How to submit Rule to Show Cause to Extinguish Interest of Omitted Lienholder – Charleston County, SC
The form prints no mailing address, portal or filing channel. It is an order for the Master-In-Equity to sign, and it is built to go into the foreclosure case file together with the petition it refers to.
- Hearing location: Courtroom 2A, Charleston County Judicial Center, 100 Broad Street, Charleston, South Carolina 29401, before the Master-In-Equity for Charleston County.
- Service: the form orders that a certified copy of the Rule to Show Cause and the Summons and Complaint be served forthwith upon the lienholder named in the blanks.
- Filing procedures: the Master In Equity's forms page at https://www.charlestoncounty.gov/departments/master-in-equity/forms.php lists E-Filing Procedures and other forms used in these cases. Check them, or contact the Master In Equity's office, for how to present the order in your case.
FillingPDF lets you fill out and download the PDF; submission follows the county's channels.
Common mistakes to avoid
- Leaving the lienholder's name blank in one of the places where the form repeats it (mortgage interest of, claim of the said, appear before, served upon).
- Leaving the hearing day, month, year or time blank, or entering a time without marking a.m. or p.m.
- Omitting the Petition in Support of Rule to Show Cause that the form says is attached.
- Not serving a certified copy of the Rule together with the Summons and Complaint on the lienholder, as the form orders.
- Filling in the signature or dated line meant for the Master-In-Equity instead of leaving it for the court.
- Leaving the civil case number, county, plaintiff(s) or defendant(s) in the caption empty or inconsistent with the foreclosure case.
Frequently asked questions
What is a Rule to Show Cause to Extinguish Interest of Omitted Lienholder?
It is an order of the Charleston County Master-In-Equity setting a hearing at which a lienholder must show why its mortgage lien interest should not be extinguished in a foreclosure action. The form recites that the property is worth less than the prior encumbrances.
Where is the hearing held?
The form sets it in Courtroom 2A, Charleston County Judicial Center, 100 Broad Street, Charleston, South Carolina 29401, before the Master-In-Equity for Charleston County. The day and time are blanks filled in on the form.
What has to be attached to the Rule to Show Cause?
The form refers to the attached Petition in Support of Rule to Show Cause, which the Court reads before ordering the hearing. A certified copy of the Rule and the Summons and Complaint are also to be served on the lienholder.
Who signs this form?
The signature line belongs to the Master-In-Equity for Charleston County, Mikell R. Scarborough, because the document is a court order. The form has no signature line for the person preparing it.
Who has to be served with the Rule to Show Cause?
The lienholder named on the form. The order directs that a certified copy of the Rule and the Summons and Complaint be served upon it forthwith, and the lienholder appears through its authorized representative.
Is this the same as the Motion for Rule to Show Cause to Extinguish Interest of Omitted Lienholder?
No. The county's forms page lists the Rule to Show Cause and the Motion for Rule to Show Cause as separate documents, along with a separate Order to Extinguishing Interest of Omitted Lienholder. This page covers the Rule itself, the order setting the hearing.
Can I fill out the Rule to Show Cause online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the form with the court or the county; use the channels the Master In Equity provides.
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