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Updated about 9 years ago,

User Stats

99
Posts
17
Votes
Melissa Searing
  • Flipper/Rehabber
  • Charleston, SC
17
Votes |
99
Posts

Does SC law prohibit lenders from demanding payment in full...

Melissa Searing
  • Flipper/Rehabber
  • Charleston, SC
Posted

Hi!

So I have a question for a South Carolina attorney. I am interested in doing a deal in Charleston via seller financing, but the borrower still owes some money on the house. 

The mortgage doc states that if the property is sold or transferred "without the lender's written consent, the lender may require immediate payment in full of all sums secured by this Security Instrument." And it goes on to say, "However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law."

So my question is, does South Carolina law prohibit lenders from demanding payment in full upon transfer of a property with funds still owed? I would imagine not and I am sure it is wishful thinking, but it's worth asking. :) 

If SC does allow lenders to demand full payment, is it worth trying to get their written consent?

Thanks!

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