Next Council Meeting
Lexington County plans to hold all Judicial Sales outside until further notice – rain or shine. The sales will be held in the Lexington Square at the corner of South Lake Drive and 205 East Main Street. This is Adjacent to the Judicial Center next to the fountain. You may access this area from the upper parking deck via steps to the left of the front doors of the Judicial Center or the side walk on the Main street side of the building. The following list includes forms and information that have been updated with COVID-19 processes and procedures.
The Master-in-Equity Court is considered a division of the Circuit Court. The Master-in-Equity hears most foreclosure cases as well as a number of civil, non-jury matters. This is the only South Carolina court in which no action may be initiated. Each case heard by the Master-in-Equity Judge is assigned by the Circuit Court, using a procedural device known as an Order of Reference. Once a case is referred to this court, the Master-in-Equity shall exercise all power and authority which a circuit judge sitting without a jury would have in a similar matter. All records for cases referred to this court are located in the Clerk of Court Records Room on the First Floor of the Judicial Center.
Lexington County Master-In-Equity office does not have a court reporter. Therefore:
- Plaintiff to provide court reporter for trial.
- Moving Party to provide court reporter for motion hearings.
The Court also recognizes that the average third-party bidder similarly has a multitude of issues to consider before bidding at a judicial sale.
“The well published rise in defaults of subprime mortgages has created tempting opportunities to purchase real estate at bargain prices. With foreclosure sales being scheduled on a daily basis, foreclosing attorneys frequently receive calls from clients and others wanting to be walked through the potential pitfalls in the foreclosure bidding process. There are risks, so a potential bidder should learn as much as possible about the property and process prior to placing the first bid. . . . In order to protect against the risks discussed above, a prudent bidder interested in buying property at a foreclosure sale will, prior to making a bid, spend the time and money necessary to conduct, to the extent possible, the same investigations conducted by buyers in traditional real estate transaction. Otherwise, the bidder may not get the anticipated bargain. Foreclosure sales may call for the clearest application of caveat emptor.” Clifford P. Parson & C. Joseph Roof, Prudent Bidding at a Foreclosure Sale, South Carolina Lawyer, January 2009 at 12, 15.
Lexington County Master-in-Equity has been transferred to the statewide CMS system which has resulted in a change to the sale roster format and access. Please click here(PDF) for instructions.