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In South Carolina, does the mortgage company have to go through

Resolved Question:

In South Carolina, does the mortgage company have to go through the court to reposess my mobile home?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Attorney & Mediator replied 5 years ago.
The answer depends on the loan documents you have with the mortgage company. If the mobile home is identified as personal property/chattel then it means that repossession can take place upon default. If the mobile home is identified as real property then foreclosure is necessary to take possession which would require filing suit. In general mobile homes are considered personal property which would mean there is no need to go to court to reposes. For repossession, it would require a notice of default before taking the property. Again it all depends on how the home is identified in those loan documents.





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