What is a master in equity?
A master in equity is a South Carolina judicial officer appointed at the county level who hears and decides equity cases, including residential and commercial foreclosure proceedings.
In South Carolina, a master in equity is a state-appointed judicial officer who handles equity cases at the county level, operating separately from the circuit court system. These judges preside over a range of civil matters, most notably foreclosure actions brought by lenders against property owners who have defaulted on mortgages or deed of trust obligations.
Foreclosure cases in South Carolina are tried in equity rather than at law, which means the master in equity has broad discretionary powers to shape the proceedings and reach what the court deems a fair outcome. A master in equity's decision can be appealed to the circuit court judge, but the master's factual findings carry substantial weight in that review.
When a lender files a foreclosure action in a South Carolina county, the case is typically assigned to the master in equity for that county. The master will hear evidence from both the lender and the homeowner (if represented), review loan documents and payment histories, and decide whether the foreclosure should proceed. This role makes masters in equity central figures in South Carolina's foreclosure process.
Homeowners facing foreclosure often work with foreclosure defense attorneys who know local masters in equity and understand how each conducts their courtroom. The master's procedures, ruling patterns, and willingness to consider loan modifications or settlement can significantly affect case outcomes.