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SC COVID-19 Update Riley Pope & Laney, LLC
The South Carolina Supreme Court has issued additional guidance regarding judicial operations during the Coronavirus Emergency. By Statement dated April 2, 2020, the Court clarified that the moratorium included in the March 18, 2020 Statewide Evictions and Foreclosures Order ends on May 1, 2020.
The South Carolina Supreme Court has issued additional guidance regarding judicial operations during the Coronavirus Emergency. By Statement dated April 2, 2020, the Court clarified that the moratorium included in the March 18, 2020 Statewide Evictions and Foreclosures Order ends on May 1, 2020. Notably, the Court has not exempted vacant or unoccupied property from the moratorium. By Order dated April 3, 2020, the Court extended due dates for all responsive pleadings for 30 days, and directed that procedural defaults entered since March 13, 2020 be rescinded.
What does this mean for our foreclosure and eviction clients?
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Foreclosure complaints can be filed and proceed through service and order of reference, subject to investor limitations.
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Most judges are not scheduling May 4 sales, but some are scheduling merits hearings after May 1. Unless the moratorium is extended, we should be able to proceed with June 1 sales.
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Answer due dates are extended, generally lengthening the timeline for pending cases where judgment has not been entered.
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We are filing motions to rescind procedural defaults entered since March 13, 2020.
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Evictions and lockouts can proceed after May 1.
Riley Pope & Laney is here to serve its clients through these difficult times. We expect further judicial developments within the next 60 days. We will provide updates as they are received.
SC Supreme Court Statement
SCCJ FC Order
SC Proc Order