It’s a great day for lenders in South Carolina!


On May 17, 2023, the South Carolina Supreme Court rescinded two Administrative Orders requiring certain loss mitigation actions by Plaintiff’s counsel prior to foreclosure judgment being entered.  These Administrative Orders were issued in 2009 and 2011.  While the Court officially found that the Orders should be rescinded because HAMP ended in 2016, the Court effectively ended the Administrative Orders because of the many federal regulations and loss mitigation programs now available to mortgagors.

What does this mean for our clients?  The judicial foreclosure process has just shortened in SC.  The 2011 Administrative Order required Plaintiff’s counsel to serve a Notice of Foreclosure Intervention with the Summons and Complaint.  If the borrower responded requesting loss mitigation, then the case was stayed until loss mitigation was denied.  The case could not proceed until the mortgagee provided a reason for denial, so that Plaintiff’s counsel could prepare and serve a filed denial on the borrower.  At that time, the borrower was allowed another 30 days to respond to the denial.  This opened the door for loss mitigation litigation.

What has not changed? Plaintiff’s counsel will still be expected to provide reliable information to the court at foreclosure hearings about the status of any loss mitigation.  Furthermore the Court specifically authorized judges to inquire about the status of loss mitigation or require a certification from Plaintiff’s counsel similar to the 2011 certification.

What do we expect? We expect that certain judges will require a loss mitigation certification from Plaintiff’s counsel if a defendant/mortgagor appears pro se at a default foreclosure hearing claiming loss mitigation is underway.  This could slow the process for some foreclosures, but this 2023 Administrative Order is an overall win for lenders in South Carolina.

You can view this order here: Click here to view the Order

William R. Stroud recognized in “2022 Power List – Real Estate Attorneys”


William R. Stroud, esq., the lead attorney of Riley Pope & Laney, LLC’s Charleston office and a member of the law firm’s dynamic real estate and transactional law team, has been named by SCBIZ News to the magazine’s new “Power List – Real Estate Attorneys.” Link here: Power List - Real Estate Attorneys.

His practice at RPL focuses on commercial real estate transactions, commercial leasing, and commercial real estate development. He provides clients dirt-to-divestiture representation and is capable of handling various phases of the real estate development process. He also represents lenders in commercial lending transactions and advises clients in various business matters including entity formation, corporate governance, and related commercial contracts

In addition to real estate, William and the other attorneys at RPL counsel clients on a variety of business matters, including formation, corporate governance, mergers, and everything in between. The firm’s attorneys provide closing and advisory services related to all types of conventional financings as well as financing leases and government backed or issued loans. RPL also offers client-focused legal service in all areas of residential real estate, including real estate closings, contract negotiations, title services, coordination of surveys, tax-free exchanges, flood, and zoning certifications, and more.

RPL is a full-service law firm.  Attorneys and staff have spent over twenty years working for numerous national and state clients across South Carolina and North Carolina in all aspects of default servicing, from title curative resolutions, judicial and non-judicial foreclosures, loss mitigation, litigation, and bankruptcy through eviction, and REO closings. RPL’s skilled litigation team will work relentlessly to resolve any case, with experience in insurance defense, commercial litigation, title and foreclosure disputes, employment litigation and governmental defense. The firm’s government relations group also provides strategic counsel and legislative representation for clients before the South Carolina General Assembly, Governor’s office, state agencies and local governments

SC Biz News bills itself as the market leader in business publishing in South Carolina. It publishes print and digital business news in the three major metro areas of the state: the Lowcountry (Charleston Regional Business Journal), the Midlands (Columbia Regional Business Report) and the Upstate (GSA Business Report).

Here is a link to the full magazine: .

RPL Welcomes William R. Stroud and Clara H. Mintz to our Charleston location


Riley, Pope & Laney, LLC, a corporate and real estate law firm, is announcing that they have hired Clara H. Mintz Esq. and William Stroud, Esq., as attorneys in the transactional and commercial real estate group in the Charleston, South Carolina office. Ms. Mintz’s focus is on transactional residential and commercial real estate including sale, purchase, leasing and refinance.  She is a 2020 graduate of the University of Richmond School of Law. Mr. Stroud manages the firm’s Charleston office and focuses on commercial real estate including leasing and development. He graduated from the University of Richmond School of Law in 2017 and was recently recognized by Best Lawyers: Ones to Watch for his work in Real Estate, Land Use and Zoning 2021-22.

Firm Managing Partner T. Lowndes Pope noted, “We are excited about the addition of Clara and William to our growing service offerings and adding them along with excellent paralegal support. It positions our Charleston office for growth”. For more information on Ms. Mintz and Mr. Stroud, please go to .



Riley Pope & Laney, LLC, a corporate and real estate law firm, is announcing that they have hired Lucas Fautua as an attorney in the third- party creditors' rights practice group. Mr. Fautua will be working in the firm's Columbia, SC office. A resident of Columbia, Mr. Fautua most recently served as a clerk to the Hon. David R. Duncan, United States Bankruptcy Court, District of South Carolina where he received accolades for his contribution. Firm Managing Partner T. Lowndes Pope noted, "We are excited about the addition of Lucas to the bankruptcy practice of the firm". Having been in the representation of lenders, investors, and mortgage servicers for over 20 years, the firm continues to expand its representation across its regional footprint. Mr. Fautua is licensed in South Carolina and is a graduate of the University of South Carolina School of Law. For more information regarding Lucas Fautua, Riley Pope & Laney, LLC, and their services in North Carolina and South Carolina, please go to