The Supplemental Order of Foreclosure is a court form published by the Charleston County Master in Equity for foreclosure cases in which the defendants filed a Chapter 13 bankruptcy during the suit. It updates the judgment debt figures from the earlier Master's Report and Judgment of Foreclosure and Sale and restates the terms of the public auction. It is one of the Master in Equity forms for Charleston County, South Carolina. 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.
Last updated
What is Supplemental Order of Foreclosure – Charleston County, SC?
The Supplemental Order of Foreclosure is a Charleston County Master in Equity form that updates the judgment debt in a foreclosure case after a bankruptcy court modified a Chapter 13 stay, and it carries a sworn Supplemental Plaintiff's Affidavit.
The order recites that the case was referred to the Master in Equity under Rule 53 of the South Carolina Rules of Civil Procedure (SCRCP), that a hearing was held and a Master's Report and Judgment of Foreclosure and Sale was issued and filed with the Clerk of Court for Charleston County. It then records that the defendants filed under 11 U.S.C. Chapter 13 and that the stay was modified by an Amended Order Abandoning Real Property and Granting 11 U.S.C. section 362 (d) Relief. It states that it is issued for the limited purpose of updating and adjusting the judgment debt figures. Any appeal from the order is to the Supreme Court.
The document has three working parts:
- Supplemental Findings of Fact: the attorney's fee and the adjusted debt, itemized on lines (a) to (e).
- Conclusions of Law and the decree: judgment of foreclosure, sale at public auction, application of proceeds, removal of occupants, and a legal description of the property with its current address and TMS.
- The Supplemental Plaintiff's Affidavit, sworn by the plaintiff's attorney before a notary.
The Master in Equity's forms page lists it beside other foreclosure documents such as the Order of Reference and the Master's Decree and Judgment of Foreclosure of Real Estate.
Who needs to file Supplemental Order of Foreclosure – Charleston County, SC?
The form is for the plaintiff in a Charleston County foreclosure case that is before the Master in Equity and in which the defendants filed a Chapter 13 bankruptcy while the case was pending, so the debt figures in the earlier Master's Report and Judgment of Foreclosure and Sale need to be updated.
- Plaintiff's attorney: the Supplemental Plaintiff's Affidavit is sworn by the attorney for the plaintiff, who states that he or she is authorized to make the statement.
- Master in Equity: the order is signed by the Master in Equity for Charleston County.
- Defendants and other parties: they are named in the caption and are bound by the order's findings, but they do not complete the form.
Do not use this form if no bankruptcy stay is involved: its text assumes a Chapter 13 filing, a stay and an order lifting it. It also assumes the plaintiff waives any deficiency judgment, as the affidavit's paragraph 4 states.
When to file Supplemental Order of Foreclosure – Charleston County, SC
Use the form after the bankruptcy court has modified the stay by an Amended Order Abandoning Real Property and Granting 11 U.S.C. section 362 (d) Relief, so that the foreclosure suit can continue and the judgment debt must be updated. The earlier Master's Report and Judgment of Foreclosure and Sale must already have been issued, because the order refers to its date. No separate deadline is printed on the form. Interest on the debt is computed to the date shown in the debt breakdown and then to the date of the judgment, so the figures should be current when the order is presented.
Documents you need
- An accounting of principal, interest, escrow advancements, late charges and costs of collection, attached to the Supplemental Plaintiff's Affidavit; the affidavit states the amounts due are based on the attached accounting.
How to fill out Supplemental Order of Foreclosure – 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 order.
Enter the hearing and report dates
Fill in the date of the hearing and the date the Master's Report and Judgment of Foreclosure and Sale was issued and filed with the Clerk of Court for Charleston County.
Enter the bankruptcy dates
Give the date the Defendants filed under 11 U.S.C. Chapter 13 and the date the Amended Order Abandoning Real Property and Granting 11 U.S.C. section 362 (d) Relief was filed.
State the attorney's fee
In Supplemental Finding of Fact 1, enter the fee allowed to Plaintiff's attorney and the lower amount awarded in the prior Master's Report and Judgment of Foreclosure and Sale.
Itemize the adjusted debt
In Finding 2, enter lines (a) to (e): principal due as of the stated date, interest between the two dates at the stated rate, advancements to escrow, late charges and costs of collection prior to hearing. Add the attorney's fee and enter the Total Debt.
Fill in the interest rates
Enter the per annum rate on the judgment debt after the date of judgment, and the rate for the interest on the bid in paragraph 4.B of the decree.
Complete the decree amounts and dates
Enter the sum due to the Plaintiff in paragraph 1 of the decree, the per annum rate in paragraph 2, and the date of the Master's Report in the Conclusions of Law.
Describe the property
In paragraph 14, replace "Insert legal description here" with the legal description, then enter the current address of the property and the TMS.
Complete the Supplemental Plaintiff's Affidavit
Enter the plaintiff's name as the attorney's client, the principal as of the stated date, the interest dates and rate, the escrow, late charge and collection cost figures, and the TOTAL. The attorney signs before a notary, who completes the date, state and commission lines.
Review and download the PDF
Check that every figure and date matches the Master's Report and the accounting. The Master in Equity signs the order. Download or print the completed PDF from FillingPDF.
How to submit Supplemental Order of Foreclosure – Charleston County, SC
The form prints no filing address, portal or fee, so the channel depends on the Master in Equity's procedures for the case.
- Master in Equity: the order is signed by the Master in Equity for Charleston County, and it is prepared for the court in the case identified by the civil case number at the top.
- E-filing: the Master in Equity's forms page at https://www.charlestoncounty.gov/departments/master-in-equity/forms.php lists E-Filing Procedures alongside its forms; check them before filing.
- Affidavit: the Supplemental Plaintiff's Affidavit must be sworn before a notary public, and it relies on an attached accounting.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving the placeholder "Insert legal description here" in paragraph 14 instead of entering the legal description of the premises ordered to be sold.
- Omitting the CURRENT ADDRESS OF PROPERTY or the TMS line that follows the legal description.
- Entering a Master's Report and Judgment of Foreclosure and Sale date that does not match the one actually issued; the order cites that date in several places.
- Skipping the previous attorney's fee in finding 1, which must show the amount increased from the one awarded in the prior report.
- Using the form when the plaintiff does not waive a deficiency judgment; the affidavit (paragraph 4) and the order (paragraph 6) both assume the waiver.
- Leaving a per annum interest rate blank in the debt breakdown, the judgment debt paragraph or the interest on the bid.
- Submitting the Supplemental Plaintiff's Affidavit without the notary's sworn-to date and commission details.
- Entering debt figures on lines (a) to (e) that do not add up to the Total Debt or the sum in paragraph 1 of the decree.
Frequently asked questions
What is the Supplemental Order of Foreclosure?
It is a Charleston County Master in Equity form that supplements an earlier Master's Report and Judgment of Foreclosure and Sale. It updates and adjusts the judgment debt figures after the defendants' Chapter 13 bankruptcy stay was modified, and it restates the terms of the public auction.
Is this a Charleston County property tax form?
No. It is a foreclosure order issued by the Master in Equity, not a tax bill or assessment form. The order does say that the foreclosure sale is subject to taxes and assessments, existing easements and restrictions of record, so the buyer takes the property subject to them.
Who signs the Supplemental Order of Foreclosure?
The order is signed by the Master in Equity for Charleston County. The attached Supplemental Plaintiff's Affidavit is signed by the plaintiff's attorney, who swears to the amounts before a notary public.
Why does the form mention Chapter 13 bankruptcy?
The order is written for cases in which the defendants filed under 11 U.S.C. Chapter 13 during the foreclosure. The case was stayed until the bankruptcy court modified the stay, and this order updates the debt figures after that happens.
What are the sale terms in the order?
The property is sold at public auction at the Charleston County Courthouse in North Charleston. The Master requires a 5% deposit on the bid, interest on the bid runs to the day of compliance, and the purchaser pays for the deed and its recording.
Where does the money from the sale go?
Proceeds go first to the costs and expenses of the action, including any Guardian Ad Litem or court-appointed attorney fees, then to the plaintiff's debt and interest. Any surplus is held pending further order of the court.
Can I appeal the Supplemental Order of Foreclosure?
The order states that any appeal from it is to the Supreme Court. It is issued under Rule 53 of the South Carolina Rules of Civil Procedure, with authority to enter a final judgment.
Can I fill out the Supplemental Order of Foreclosure 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 order with the court; the form is submitted through the Master in Equity's channels.
Ready to fill out Supplemental Order of Foreclosure – Charleston County, SC?
Fill out Supplemental Order of Foreclosure – Charleston County, SC now