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Surplus rules · SCActive — attorney-backed Verified against statute

Surplus funds in South Carolina: the rules, straight.

We work this state with local counsel or extra verification in the loop where the process calls for it.

Foreclosure / mortgage surplus

Legal — no statutory fee cap found pre-escheat.

How the claim moves

Master-in-equity; claim within the 45-day window or surplus defaults to the mortgagor (Rule 71(c) SCRCP).

No cap found.

Tax sale overages

Legal — no statutory fee cap found pre-escheat.

How the claim moves

County delinquent tax collector; administrative claim off published overage lists.

No cap found.

Courtroom requirement: Standard claims here are administrative — no attorney legally required for a routine filing.

If nobody claims it: Tax overage: 5 yrs → county (§ 12-51-130).

Cars, boats & RVs in South Carolina: Vehicle/boat/RV repo surplus: UCC § 9-615(d) obliges the LENDER to return the surplus; § 9-616 explanation on request; § 9-625(c)(2) statutory damages for noncompliance. Demand-letter work against the secured party — no county, no state surplus-fee cap in this table.

This page summarizes public statutes for general information — it is not legal advice, rules change, and unverified items are confirmed by our desk (and counsel where needed) before any agreement is papered.

Think South Carolina is holding your money?

Five minutes, zero cost. We verify the record and tell you the truth about what's there — including when the answer is nothing.

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