Legal Question in Real Estate Law in South Carolina

The question concerns a recent article on AOL Real Estate. The article leads me to believe that the Homestead laws in South Carolina indicate that a married couple must both sign the legal documents concerning a home mortgage. LawChek's website shows the above on the Homestead laws for South Carolina. The intent of the article is to show the possibility, in a foreclosure, that the bank cannot prevail. Since SC is a community state, do both spouses have to sign the documents? Thank you


Asked on 3/24/11, 12:19 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

I'm an attorney. I do not know what you read. I also am not sure exactly what you are referring to regarding any Homestead laws. That term is used in numerous fashions and in numerous laws. So maybe your wondering why I'm responding if I have so little knowledge.

Here's why. I've been an attorney for a long time. Like most attorneys, I hear things and have been asked about certain things that sound too.........to be true. I'm sure you know the rule, if its too.........to be true, it probably isn't.

I can pretty much guarantee you that is the answer to your question is in favor of the bank. The legal system has been around for many years......hundreds of years. Just about everything that could be tried has been tried. And that goes for lending laws. I respectfully submit that you either misread that article or it was incorrectly written. Simply put, if a mortgage isn't paid, the bank not only can prevail, it will.

This concept applies to just about every question I've ever been asked about the law, when it sounds too remarkable to be true.

On the other hand, if that article is right, then I'm going to go get married and immediately buy a house.

Take care.

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Answered on 3/25/11, 6:11 pm


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