About the Spartanburg County Master-in-Equity
The Master-in-Equity is a judge who hears equity cases referred from Circuit Court. Equity cases ask a court to do something fair, like force a sale or settle a property claim, rather than just award money. In Spartanburg County, the most common equity work is foreclosure. The Master holds the hearings, signs the orders, and oversees the sale of property when a foreclosure ends that way.
The Spartanburg County Master-in-Equity is Judge Shannon M. Phillips. The office works from the judicial center on Magnolia Street and shares a mailing setup with other court offices. The Master does not handle criminal cases or general lawsuits. It steps in when Circuit Court refers an equity matter for the Master to resolve.
Spartanburg County Master-in-Equity
Judge: Shannon M. Phillips
180 Magnolia Street
PO Box 5666, Spartanburg, SC 29304-5666
864-596-2501
Fax: 864-596-2078
Because the Master handles property sales, the office deals with lenders, borrowers, and buyers at auction. Its records can affect who ends up owning a home.
What Equity and Foreclosure Cases Are
Equity is an old idea in the law. Some cases ask for money, but others ask the court to act fairly in a way money alone cannot fix. Foreclosure is the classic example. When a borrower stops paying a mortgage, the lender can ask the court to sell the property and use the proceeds to pay the debt. That request is an equity matter, and it often gets referred to the Master.
The terms below come up in almost every foreclosure file. Knowing them makes the record easier to read.
- Equity
- A type of case asking the court for fair relief, such as a forced sale, rather than only money damages.
- Foreclosure
- A lawsuit by a lender to take and sell property when a borrower defaults on a secured loan.
- Judicial sale
- A court-ordered sale of property, often by public auction, to satisfy a debt.
- Deficiency judgment
- A judgment for the gap when a sale brings less than the debt owed.
- Lis pendens
- A recorded notice that a lawsuit affecting the property is pending.
- By reference
- An order sending a case from Circuit Court to the Master to hear and decide.
How a Case Reaches the Master-in-Equity
A foreclosure does not start at the Master's desk. It starts as a lawsuit. The lender files a foreclosure action in Common Pleas, the civil side of Circuit Court. The case then often gets referred to the Master by an order of reference. From that point, the Master can hear the case, decide the issues, and order a sale.
The steps below show the usual path of a Spartanburg County foreclosure case.
- The lender files a foreclosure suit in Common Pleas through the Clerk of Court.
- A lis pendens is recorded to give notice that the property is in litigation.
- Circuit Court refers the case to the Master by an order of reference.
- The Master holds hearings and enters an order, which may set a judicial sale.
- The property is sold at auction, and any deficiency or surplus is addressed.
Foreclosure suits and debt-collection cases are filed in the Clerk of Court office. The recorded mortgage behind the suit is kept by the Register of Deeds.
The Foreclosure Sale Process
When the Master orders a judicial sale, the property usually goes to public auction. A sale notice sets the date, time, and terms. Bidders show up, and the property goes to the highest qualified bidder under the terms of the order. The sale proceeds go first to the costs and the debt.
If the sale brings less than the borrower owes, the lender may seek a deficiency judgment for the gap. If it brings more, the surplus can go to junior lienholders or back to the borrower. The exact rules and any upset-bid period depend on the order and state foreclosure practice. The Master's office or the case order is the source for the specific terms of any given sale.
Note: Foreclosure sale dates, terms, and any bidding rules come from the court order in each case, so confirm them with the Master's office before relying on them.
Master-in-Equity vs Circuit Court
The Master and Circuit Court are tied together, but they do different jobs. Circuit Court is the general trial court. The Master is a specialized judge who takes equity cases by reference. The table sets out how the two compare on the work that matters for foreclosure records.
| Feature | Master-in-Equity | Circuit Court |
|---|---|---|
| Role | Hears referred equity matters | General trial court |
| Main work | Foreclosures and judicial sales | Civil suits and criminal cases |
| How a case arrives | By order of reference | By filing in Common Pleas or General Sessions |
| Runs property sales | Yes | Usually refers to the Master |
| Where records appear | Public index, with Common Pleas cases | Public index |
For the full breakdown of Circuit Court, including Common Pleas and General Sessions, see the Circuit Court page.
Where Spartanburg County Foreclosure Records Appear
Foreclosure cases are filed as Common Pleas matters, so they show up on the public index along with other civil cases. You can search the SC Judicial Branch Case Records Search and open the Spartanburg Public Index to find a foreclosure case by party name or case number. The docket shows the filing, the order of reference, and the orders the Master enters.
The public index does not always carry every sale notice or document. For sale dates, terms, and certified copies, the Master's office and the Clerk are the official sources. For the full search walkthrough, see court records, and for the open-records framework and FOIA fees, see public records.
Note: Recent filings may not post to the public index right away, so check with the Master's office or the Clerk for the current status of a foreclosure case.
Spartanburg County Foreclosure Records and Land Documents
A foreclosure touches two record systems at once. The lawsuit itself, with its orders and judicial sale, lives in the court file. The loan and the deed live in the land records. Those land records sit with a different office. The Register of Deeds keeps recorded mortgages, deeds, plats, and the lis pendens that warns buyers a property is in litigation.
The Register of Deeds is Ashley Williams, and that office is at 366 N Church St, Main Level, Suite 100, in Spartanburg. Staff there record and copy documents, but they cannot run a title search for you. So a full picture of a Spartanburg County foreclosure often means two stops: the court file for the case and the order, and the land records for the recorded mortgage and any deed that follows the sale.
After a judicial sale closes, a deed transfers title to the buyer, and that deed is recorded with the Register of Deeds. The court order and the recorded deed together show how ownership changed hands.
Common Questions About the Spartanburg County Master-in-Equity
A few questions come up again and again about how the Master handles foreclosure and equity work. Short answers are below.
Does the Master-in-Equity hear criminal cases?
No. The Master hears equity matters referred from Circuit Court, mostly foreclosures and judicial sales. Criminal cases go through General Sessions, the criminal side of Circuit Court. For those, see the Circuit Court and arrest records pages.
How do I find a Spartanburg County foreclosure case?
Foreclosures are filed as Common Pleas cases, so they appear on the Spartanburg Public Index. Search by party name or case number, then read the docket for the order of reference and the Master's orders. The court records page walks through the search step by step.
Where do the sale terms come from?
Each judicial sale runs on the terms set in the court order for that case. The order sets the date, the terms, and any bidding rules. The Master's office or the case file is the source, so confirm the details there before a sale rather than relying on a third-party listing.
What happens to the money after a foreclosure sale?
The sale proceeds pay the costs and the secured debt first. If the price falls short of what the borrower owes, the lender may seek a deficiency judgment for the gap. If the price runs higher, the surplus can go to junior lienholders or back to the borrower. A judicial sale may also carry an upset-bid period, so the high bid is not always final at the auction.
How does a foreclosure tie to the Register of Deeds?
The recorded mortgage and the lis pendens behind a foreclosure sit in the land records, not the court file. The Register of Deeds keeps those documents, and after a sale closes a new deed is recorded there too. So the case order and the recorded deed together show the change in title.