Master in Equity
Judge William Haigh Porter
Phone: (843) 665-3081
Location: Florence County Judicial Center
Hours:
Monday - Thursday: 8:30 AM - 4:30 PM
Friday: 8:30 AM - 12:00 PM
The Master in Equity is the judge of the Equity Court, and may hear any civil non-jury case referred from Circuit Court by consent of the parties involved, or pursuant to court order - these cases typically involve foreclosures, partitions and other equity matters. The Master in Equity also serves as a Special Circuit Judge to hear civil non-jury and other matters.
In Florence County, the Master in Equity collects fees in actions for partitions, foreclosures of liens upon property, supplemental proceedings by judgment creditors, deed preparations and receives a commission on sales of land. Funds collected by the Master are turned over to the general fund of Florence County.
Florence County holds sales of foreclosed property the first Tuesday of each month at 11 AM. A copy of the list of properties available at the sale is placed in the lobby of the Florence County Judicial Center, and can also be found here:
Each property is sold subject to any past due property taxes, assessments, existing easements and restrictions, and any senior liens or judgments against the property. A Master’s Deed is not a general warranty deed. Potential bidders are responsible for all necessary research, title searches, etc. If you need further legal information or have title questions, it is advisable to contact a licensed attorney prior to bidding on any property. Properties being auctioned at Judicial Sales are published in the Florence Morning News, or Community Times three weeks immediately prior to the sale. This will be the first place each month you will see the properties which are scheduled for the upcoming sale.
AT THE SALE
Judicial sales are conducted with open (not sealed) bidding. At this point, it is not necessary to pre-register. However, if you are the successful bidder on a piece of property you will be required to stay and register after the sale. As the winning bidder, you are required to deposit with the Master-in-Equity Court 5% of your total bid in certified funds by 3:00 p.m. on the day of sale (unless the notice of sale specifies a different time). Failure to make this required deposit can result in contempt of court proceedings. The deposit is non-refundable and will be applied toward court costs and judgment if the bid is forfeited.
Compliance with your bid includes the balance of the bid (after the 5% deposit) plus interest on the amount of the bid at the rate stated in the Notice of Sale. This interest accrues from the date of the sale to the date of full compliance with the bid. You will have either 20 days or 30 days to comply with your bid. The Notice of Sale and Master’s Report and Judgment cover the exact terms of sale for each case. Read them. You will receive further information on how to comply and receive your deed when you make your 5% deposit with the court.
All properties being advertised for judicial sale remain the private properties of their respective title holders unless or until the sale is completed, all necessary funds are paid into the Court and a deed is issued by the Court to the high bidder or his/her/its assignee. The Court has no legal authority to allow access to, or inspection of the premises. Anyone who enters onto such premises without the express consent of the titleholder or lawful occupant may be subject to severe civil and/or criminal penalties.
UNUSUAL TERMS OF SALE
Some Plaintiffs seek a deficiency judgment against the Defendant(s). That means the Plaintiff is not only foreclosing its mortgage but is also seeking a personal monetary judgment against the defendant. The bidding remains open for (30) days after the original sales date. On that 30th day, the property is offered for sale again and the highest bid is accepted. The highest bidder at the first sale (whether it be the plaintiff or someone else) cannot bid again at this second sale. If there are no upset bids at the second sale, then the property goes to the high bidder from the original sale.
Some properties are sold subject to the 120 day or one (1) year right-of-redemption of the United States of America or other governmental agencies. That means the Government has a tax lien or some other lien against the property and has the right to redeem the property during the stated time period. If this occurs,it falls outside the jurisdiction of this court and you could be reimbursed by the U.S. government.
The Master’s Report and Judgment and Notice of Sale cover all the terms of sale, unless specifically amended by the Court at the time of sale. Properties can be pulled from sale for any number of reasons up until the moment they are offered for sale.
THESE GUIDELINES ARE PROVIDED AS A COURTESY AND ARE INTENDED AS GENERAL INFORMATION. THEY ARE NOT TO BE CONSTRUED AS BINDING RULES OR LEGAL ADVICE OF ANY NATURE.