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H. 5113
STATUS INFORMATION
General Bill
Sponsors: Reps. Kirsh and Cooper
Document Path: l:\council\bills\ggs\22374htc04.doc
Introduced in the House on April 14, 2004
Currently residing in the House Committee on Ways and Means
Summary: Mobile or manufactured homes
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/14/2004 House Introduced and read first time HJ-13 4/14/2004 House Referred to Committee on Ways and Means HJ-14
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 49, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE RIGHTS OF AND NOTICE TO READ PROPERTY MORTGAGEES AND LIENHOLDERS OF MOBILE OR MANUFACTURED HOMES WITH RESPECT TO THE SALE OF REAL PROPERTY AND MOBILE OR MANUFACTURED HOMES SUBJECT TO MORTGAGES OR LIENS FOR THE PAYMENT OF DELINQUENT PROPERTY TAXES, TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT USE OF A DWELLING AS RENTAL PROPERTY DOES NOT DISQUALIFY AN OWNER-OCCUPIED RESIDENCE FROM THE FOUR PERCENT ASSESSMENT RATIO OTHERWISE APPLICABLE IF THE EXPENSES INCURRED IN AND INCOME EARNED FROM THE RENTAL ARE NOT DEDUCTIBLE FROM OR INCLUDED IN INCOME FOR PURPOSES OF THE FEDERAL INCOME TAX, TO AMEND SECTION 12-51-55, AS AMENDED, RELATING TO BIDS BY THE FORFEITED LAND COMMISSION ON PROPERTY AT DELINQUENT TAX SALES, SO AS TO REQUIRE SUCH BIDS TO INCLUDE DELINQUENT ASSESSMENTS IMPOSED BY A SPECIAL TAX DISTRICT, TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO THE TAX TITLE GIVEN TO A PURCHASER AT A TAX SALE, SO AS TO PROVIDE THAT THE PURCHASER IS RESPONSIBLE FOR THE ACTUAL COST OF PREPARING THE TAX TITLE, TO AMEND SECTION 12-51-150, RELATING TO THE VOIDING OF A TAX SALE FOR A PROCEDURAL FAILURE, SO AS TO PROVIDE THAT INTEREST REQUIRED TO BE REFUNDED MUST EQUAL INTEREST ACTUALLY EARNED ON THE AMOUNT TO BE REFUNDED, AND TO AMEND SECTION 30-4-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT COLLATERAL LISTS AND SUPPLEMENTS TO SUCH LISTS MAINTAINED BY TAX COLLECTORS PURSUANT TO THE ARTICLE ADDED BY THIS ACT ARE NOT PUBLIC RECORDS, ARE CLOSED TO THE PUBLIC, AND NOT MADE OPEN BY THE FREEDOM OF INFORMATION ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 49, Title 12 of the 1976 Code is amended by adding:
Section 12-49-1110. As used in this article:
(1) 'Auditor' means the officer charged by law with the assessment of ad valorem taxes and assessments and with the mailing of tax notices.
(2) 'Collateral' means the mobile or manufactured home in which a lienholder holds a security interest.
(3) 'Collateral list' means a written list, including all supplements, that a lienholder provides to a tax collector pursuant to this article, listing the lienholder's collateral that, according to the United States Postal Zip Codes shown in the lienholder's records as the mailing address where the collateral is cited, is or may be located within a county of this state.
(4) 'Department' means the South Carolina Department of Motor Vehicles or its successor.
(5) 'Lien' means a mortgage and a security agreement.
(6) 'Lienholder' means the owner, holder, and servicing agent of a security interest affecting a mobile or manufactured home as security for the payment of money.
(7) 'Mobile home' or 'manufactured home' is as defined as provided in Sections 12-43-230(b) and 40-29-20(9).
(8) 'Mortgage' means a mortgage, deed of trust, or other written instrument covering or affecting real property as security for the payment of money.
(9) 'Mortgagee' means the mortgagee identified in a mortgage of record or any holder or assignee of the mortgage.
(10) 'Mortgagee list' means a written list, including all supplements, that a mortgagee provides to a tax collector pursuant to this article, showing the current name and address of the mortgagee/holder of the mortgages listed thereon within a county of this state.
(11) 'Property' means real property, a manufactured home, or a mobile home.
(12) 'Office of the register of deeds' means the office in each county where real property deeds and mortgages are recorded.
(13) 'Security interest' means an interest created by a security agreement or other written instrument covering a mobile or manufactured home for the payment of money.
(14) 'Tax collector' means the officer charged by law with the collection of delinquent ad valorem taxes, assessments, penalties, and costs.
(15) 'Tax title' means a deed for real property and a bill of sale for personal property.
(16) 'The most current' means the latest in time.
Section 12-49-1120. When real property is levied upon for taxes by the tax collector, the tax collector shall give at least twenty days written notice of the levy to a mortgagee contained on the mortgagee list filed with the tax collector as provided in Section 12-49-1150. The period of twenty days shall begin to run from the time the notice is personally delivered or from the date of its mailing when delivered by registered mail as provided in this article. The notice must contain a description of the real property levied upon, including the tax map number assigned by the county, the name of the owner, the year or years for which the taxes were assessed, and a statement of the amount of the taxes with the accrued costs. The notice must be delivered to the mortgagees either personally or by registered mail with return receipt requested at the address(es) shown on the most current mortgagee list for a particular mortgagee. If delivered personally, the tax collector shall obtain a signed receipt from the mortgagee. Although a separate notice must be prepared for each parcel of real property to be sold, a tax collector may enclose in the same package or envelope multiple notices to be given to the same mortgagee at the same address.
Section 12-49-1130. The form of notice required pursuant to Section 12-49-1120 must be substantially as follows:
Notice is given to ____________________ as the holder of a certain mortgage recorded in the office of the_____________ in Book _______ at Page _______, of the county of __________, State of South Carolina, that there are now due and unpaid taxes for the year 20___ amounting to $__________, with accrued cost of $__________, for which a tax execution has been issued and levy made upon the following described real property owned by ____________________ and embraced within the mortgage, and that the real property will be advertised for sale unless such taxes are paid within twenty (20) days from the delivery of this notice as provided by law.
______________________________
Tax Collector
______________________________
Address
Date:_______________
Section 12-49-1140. The tax collector shall keep a record of each notice given under Section 12-49-1120 that contains the date the notice was delivered, the method of delivery, the address where the notice was delivered, and the name of the addressee of the notice.
Section 12-49-1150. To entitle a mortgagee to the notice required by Section 12-49-1120, a list of each mortgage as to which the notice is desired must be filed by the mortgagee with the tax collector of the county in which the real property covered by a mortgage lies on or before the fifteenth day of March of each year, on which must be shown the name and address of the mortgagee, the name of each mortgagor, and the book and page of the record where each mortgage listed is recorded.
Section 12-49-1160 The form of the mortgagee list for real property must be substantially as follows:
Mortgagee/Holder: __________________________
Address for Notice: __________________________
__________________________
Date: _______________
Name of Owner(s) Tax Map Book Page
or Mortgagor(s) Number of Record Number
Section 12-49-1170. The mortgagee list may be provided to the tax collector through any medium acceptable to the sender and the receiver. This medium may include: United States mail, hand delivery, express delivery, or e-mail. The sender shall maintain sufficient proof that the mortgagee list and any supplement were provided to the tax collector.
Section 12-49-1180. (A) The rights, interest, and security of a mortgagee complying with the provisions of Section 12-49-1150 are not affected by a tax sale and a deed of conveyance, unless the provisions of Section 12-49-1120 are complied with.
(B) Except as specifically provided in this article, the rights and remedies of a mortgagee granted elsewhere in this title are not affected by whether or not the mortgagee provides a mortgagee list of real property pursuant to 12-49-1150.
Section 12-49-1190. When a mobile or manufactured home is levied upon for taxes by the tax collector, the tax collector, at least forty-five days before the date of the tax sale, shall give written notice of the levy to any lienholders by following the procedures set forth in Section 12-49-1220. The notice must contain a description of the mobile or manufactured home levied upon, including the year, make/model, size and serial number, the name of the owner, the address and zip code where the mobile or manufactured home is located, the year or years for which the taxes were assessed, and a statement of the amount of the taxes with the accrued costs. The notice must be delivered to the lienholders either personally or by registered mail with return receipt requested at the addresses obtained by the tax collector by following the procedures set forth in Section 12-49-1220. If delivered personally, the tax collector must obtain a signed receipt from the lienholder. Although a separate notice must be prepared for each mobile or manufactured home to be sold, a tax collector may enclose in the same package or envelope multiple notices to be given to the same lienholder at the same address.
Section 12-49-1200. The form of the notice required by Section 12-49-1190 must be substantially as follows:
Notice is given to ____________________ as the holder of a certain lien on the mobile or manufactured home below described, that there are now due and unpaid taxes for the year 20___ in the amount of $__________ with accrued costs of $__________ for which a tax execution has been issued and levy made upon the described home owned by ____________________. The home will be advertised for sale unless the taxes are paid within forty-five (45) days from delivery of this notice as provided by law.
Date _____________
Section 12-49-1210. The tax collector shall keep a record of each notice given pursuant to Section 12-49-1190 that must contain the date the notice was delivered, the method of delivery, the address where the notice was delivered, and the name of the addressee of the notice.
Section 12-49-1220. (A) In providing the notice of levy and sale required in Section 12-49-1190 relating to mobile or manufactured homes, the tax collector shall comply with the procedures set forth in subsections (B) or (C), (D) and (E). However, nothing in this section requires the tax collector to send more than one notice of levy to a single lienholder at the same mailing address that is revealed multiple times by compliance with the different procedures set forth. If a single lienholder's name at different mailing addresses is revealed or would have been revealed by compliance with the procedures provided pursuant to this section, however, notice of levy must be sent to the lienholder at all these mailing addresses.
(B) For liens created before January 1, 1995, the tax collector shall provide the notice of levy to the lienholders contained on the certificate of title issued by the department. To obtain the name and address of the lienholders, the tax collector shall forward to the department a form substantially as provided below requesting the name and address of all lienholders shown on the certificate of title. The delinquent tax collector shall not advertise the sale of property without a return of this form:
To the Department of ____________________:
I have been instructed by the county treasurer to levy and sell the following personal property:
Please provide me with the lienholders' names and addresses as shown on the certificate of title:
NAME:
ADDRESS:
DESCRIPTION OF COLLATERAL:
VIN NUMBER:
LIENHOLDER:
LIENHOLDERS' ADDRESS:
(C) For liens created on or after January 1, 1995, the tax collector shall provide the notice of levy to the lienholders identified on the forms provided to the county officials pursuant to the licensing and moving permit procedures set forth in Chapter 17 of Title 31.
(D)(1) In addition to complying with the procedures set forth in either subsection (B) or (C), for tax years beginning January 1, 2002, and thereafter, the tax collector shall send the notice of levy required by this article to the lienholders at the addresses shown on the most current collateral list provided to the tax collector pursuant to Section 12-49-1230 by the lienholders holding a lien on the subject mobile or manufactured home. If a lienholder's most current collateral list, including any supplement, fails to disclose to the tax collector the lienholder's lien on a home that is to be sold, the lienholder is not entitled to notice pursuant to this subsection. If the collateral lists of two or more lienholders show the same subject mobile or manufactured home as their collateral, all the lienholders must be notified of the tax sale.
(2) If a lienholder provides the tax collector with a supplemental collateral list as described in subsection 12-49-1230(B) after July first of any given year and the tax collector intends to sell a mobile or manufactured home shown on that supplemental list for which the lienholder could not be properly identified by the tax collector's compliance with the procedures provided in subsections (B) or (C) and (D)(1) and (E), the tax collector shall give a notice to a newly-identified lienholder or to a lienholder at the newly-identified address, or both, the notice required by this subsection.
(a) If there are sixty-five or more days between the receipt by the tax collector of the supplemental collateral list and the date of the scheduled tax sale, the tax collector shall deliver to the newly-identified lienholder or at the newly-identified address, or both, the notice required by Section 12-49-1190 in the same manner and timing as provided in that section.
(b) If there are fewer than sixty-five days, but at least forty-five days between the receipt by the tax collector of the supplemental collateral list and the date of the scheduled tax sale, the tax collector shall deliver to the newly-identified lienholder or at the newly-identified address, or both, the notice required by Section 12-49-1190 in the same manner as required pursuant to that section, except that the notice must be given no fewer than twenty days before the date of the scheduled tax sale.
(c) If the tax sale has already occurred by the time the tax collector receives the supplemental collateral list, or if there are fewer than forty-five days between the receipt by the tax collector of the supplemental collateral list and the date of the scheduled tax sale, the tax collector is not required to deliver to the to the newly-identified lienholder or at the newly-identified address, or both, any notice pursuant to subsection (D)(2). Except to the extent that they are entitled to receive notice pursuant to subsections (B) or (C) and (D)(1) and (E), the only notice the newly-identified lienholders are entitled to receive, or known lienholders at a newly-identified address, under this subitem is a notice of their right of redemption pursuant to Chapter 51.
(E) In addition to following the procedures provided pursuant to subsections (B) or (C) and (D) for tax years beginning January 1, 2002, and thereafter, the tax collector shall send the notice of levy required by this article to the lienholders at the addresses provided to county officials pursuant to the licensing and moving permit procedures set forth in Chapter 17 of Title 31.
Section 12-49-1230. (A) By July first of each year, each lienholder may provide a written collateral list to the tax collector of each county in which the lienholder's collateral is located. The collateral list sent to a particular county must be derived by a lienholder sorting its accounts by United States Postal Zip Codes and by sorting those zip codes by the counties that have geographical areas covered by those zip codes. The zip codes used must be those shown in the lienholder's records as the mailing addresses where the collateral is sited. For those zip codes covering geographical areas that extend into multiple counties, the collateral list sent to all counties sharing the same zip codes must contain the information required by Section 12-49-1250.
(B) Any collateral list provided by a lienholder to a tax collector after July first and no later than December 31 of any year is considered a supplemental collateral list for purposes of the lienholder's right to receive notice of a tax levy and sale pursuant to Section 12-49-1190(D) for that same calendar year.
(C) Nothing in this section requires a lienholder to provide to the tax collector a collateral list annually or periodically. However, if a particular lienholder does not timely provide a collateral list to the tax collector for the year in which the tax collector intends to sell real property on which that lienholder holds a lien, the tax collector may rely on the most current information obtained pursuant to Section 12-49-1190, including but not limited to, a collateral list from a prior year.
Section 12-49-1240. The form of the collateral list and any supplement for mobile or manufactured homes must be substantially as follows:
Lienholder: _________________________
Address for Notice:___________________
Date: ______________________________
Name(s) of Owner(s):__________________
Address of Home:______________________
Other Address(es) of Owner(s):________________________
Zip Code:_____________________
Year of Home:_________________
Make/Model:_____________________
Size of Home:_____________________
Full Serial Number:____________________
Section 12-49-1250. The collateral list and any supplement may be provided to the tax collector through any medium acceptable to the sender and the receiver. The medium may include: U.S. mail, hand delivery, express delivery, or e-mail, but the sender shall maintain sufficient proof that the collateral list and any supplement were provided to the tax collector.
Section 12-49-1260. The collateral lists and any supplements must be maintained by the tax collector strictly and solely for the purposes set forth in this article. These collateral lists are exempt from disclosure pursuant to Chapter 4 of Title 30, The Freedom of Information Act. The tax collector is responsible for maintaining the confidentiality of these lists within his office. No person in the tax collector's office may give, release, or provide in any form or fashion to any person or entity the original or any photographic or electronic copy of the collateral lists or any list reconstructed from the tax collector's records that shows the owners of mobile or manufactured homes in any county and the names of the lienholders of these homes. The collateral lists must be used solely for the purposes of notifying the lienholders of impending tax sales and the expiration of redemption periods. Nothing in this section is intended to prevent a tax collector from integrating information obtained from the collateral lists into the tax collector's records in the same manner as the tax collector integrates information in his records obtained from other sources. Furthermore, nothing in this section is intended to prevent a tax collector from providing information to a person or entity about the name of the owner and lienholder of a particular mobile or manufactured home.
Section 12-49-1270. (A) Except as otherwise provided in Section 12-49-1220 or 12-49-1290, unless the tax collector complies with the provisions of Sections 12-49-1190 and 12-49-1220, the rights, interest, and security of any lienholder of a mobile or manufactured home is in no way affected by a tax sale and a transfer of title made pursuant to the tax sale.
(B) Except as specifically provided in this article, the rights and remedies of a lienholder of a mobile or manufactured home under the terms of the security documents or as otherwise provided in this title are not affected by whether or not a lienholder provides a collateral list to the tax collector or provides information to the auditor about where and to whom tax notices are to be sent.
Section 12-49-1280. Notwithstanding any other provisions of this article, none of the following circumstances are grounds for voiding a tax sale:
(1) The tax collector complied with Section 12-49-1220(B) but the return from the department did not provide the name and address of the current lienholder, and the lienholder's most current collateral list that was provided to the tax collector did not accurately reflect the name and address of the lienholder for the subject mobile or manufactured home, and the county had not been provided information about the lienholder and its address pursuant to the licensing and moving permit procedures set forth in Chapter 17 of Title 31.
(2) The subject mobile or manufactured home appeared on collateral lists of more than one lienholder and the tax collector did not notify all the lienholders, but nevertheless, the tax collector did notify the lienholders that did in fact hold liens on the subject mobile or manufactured home at the time the notice was given, and the notice was sent to the correct addresses of the lienholders holding the liens where the owner's account was being serviced at the time the notice was given.
(3) The lienholder that actually holds the lien on the subject mobile or manufactured home at the time the notice was given receives the notice at the correct address of the lienholder where the owner's account is being serviced, regardless of how the tax collector obtained the correct name and address of the lienholder.
Section 12-49-1290. Notwithstanding the provisions of this article, none of the following circumstances are a defense to a lienholder's effort to void a tax sale:
(1) The lienholder failed to provide the tax collector with a collateral list for one or more years, but the most current collateral list the lienholder did provide the tax collector, including any supplements described in Section 12-49-1220(D)(2)(a) and (b), showed that the lienholder held a lien on the particular mobile or manufactured home that was sold by the tax collector at a tax sale, or the county had been provided information about the lienholder and its address pursuant to the licensing and moving permit procedures set forth in Chapter 17 of Title 31.
(2) The tax collector attempted to provide the notice required by this article by providing a list to one or more lienholders of mobile or manufactured homes to be sold by that county without specifying which mobile or manufactured homes were the actual collateral of which of the lienholders. A tax collector does not comply with this article by sending to lienholders a list of all mobile or manufactured homes to be sold without specifying which of the homes are the collateral of which of the lienholders."
SECTION 2. Section 12-43-220(c) of the 1976 Code, as last amended by Act 336 of 2002, is further amended by adding an appropriately numbered subitem at the end to read:
"( ) Notwithstanding any other provision of law, the owner-occupant of a legal residence qualifies for the four percent assessment ratio allowed by this item if the taxpayer's residence meets the requirements of Internal Revenue Code Section 280A(g) as defined in Section 12-6-40(A)."
SECTION 3. Section 12-51-55 of the 1976 Code, as amended by Act 399 of 2000, is further amended to read:
"Section 12-51-55. The officer charged with the duty to sell real property and mobile or manufactured housing for nonpayment of ad valorem property taxes shall submit a bid on behalf of the Forfeited Land Commission equal to the amount of all unpaid property taxes, penalties, assessments, including but limited to assessments owed to a special taxing district established pursuant to Section 4-9-30, Chapter 19 of Title 4, or an assessment district established pursuant to Chapter 15 of Title 6, and costs including taxes levied for the year in which the redemption period begins. The Forfeited Land Commission is not required to bid on property known or reasonably suspected to be contaminated. If the contamination becomes known after the bid or while the commission holds the title, the title is voidable at the election of the commission. If the property is not redeemed, the excess above the amount of taxes, penalties, assessments, and costs for the year in which the property was sold must be applied first to the taxes becoming due during the redemption period."
SECTION 4. Section 12-51-130 of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"Section 12-51-130. Upon failure of the defaulting taxpayer, a grantee from the owner, a mortgagee, a judgment creditor, or a lessee of the property to redeem realty within the time period allowed for redemption, the person officially charged with the collection of delinquent taxes, within thirty days or as soon after that as possible, shall make a tax title to the purchaser or the purchaser's assignee. Delivery of the tax title to the clerk of court or register of deeds is considered 'putting the purchaser, or assignee, in possession'. The tax title must include, among other things, the name of the defaulting taxpayer, the name of any grantee of record of the property, the date of execution, the date the realty was posted and by whom, and the dates each certified notice was mailed to the party or parties of interest, to whom mailed and whether or not received by the addressee. The successful purchaser, or assignee, is responsible in the amount of fifteen dollars for the actual cost of preparing the tax title plus documentary stamps necessary to be affixed and recording fees. The successful purchaser, or assignee, shall pay the amounts to the person officially charged with the collection of delinquent taxes before delivery of the tax title to the clerk of court or register of deeds and, upon payment, the person officially charged with the collection of delinquent taxes is responsible for promptly transmitting the tax title to the clerk of court or register of deeds for recording and remitting the recording fee and documentary stamps cost. If the tax sale of an item produced more cash than the full amount due in taxes, assessments, penalties, and costs, the overage belongs to the owner of record immediately before the end of the redemption period to be claimed or assigned according to law. These sums are payable ninety days after execution of the deed unless a judicial action is instituted during that time by another claimant. If neither claimed nor assigned within five years of date of public auction tax sale, the overage shall escheat to the general fund of the governing body. Before the escheat date unclaimed overages must be kept in a separate account and must be invested so as not to be idle and the governing body of the political subdivision is entitled to the earnings for keeping the overage. On escheat date the overage must be transferred to the general funds of the governing body."
SECTION 5. Section 12-51-150 of the 1976 Code is amended to read:
"Section 12-51-150. In the case that the official in charge of the tax sale discovers before a tax title has passed, the failure of any action required to be properly performed, the official may void the tax sale and refund the amount paid, plus interest in the amount actually earned by the county on the amount refunded, to the successful bidder. If the full amount of the taxes, assessments, penalties, and costs have not been paid, the property must be brought to tax sale as soon as practicable."
SECTION 6. Section 30-4-20(c) of the 1976 Code, as last amended by Act 339 of 2002, is further amended to read:
"(c) 'Public record' includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body. Records such as income tax returns, medical records, hospital medical staff reports, scholastic records, adoption records, records related to registration, and circulation of library materials which contain names or other personally identifying details regarding the users of public, private, school, college, technical college, university, and state institutional libraries and library systems, supported in whole or in part by public funds or expending public funds, or records which reveal the identity of the library patron checking out or requesting an item from the library or using other library services, except nonidentifying administrative and statistical reports of registration and circulation, and other records which by law are required to be closed to the public are not considered to be made open to the public under the provisions of this act;. Nothing herein authorizes or requires the disclosure of those records where the public body, prior to January 20, 1987, by a favorable vote of three-fourths of the membership, taken after receipt of a written request, concluded that the public interest was best served by not disclosing them. Nothing herein authorizes or requires the disclosure of records of the Board of Financial Institutions pertaining to applications and surveys for charters and branches of banks and savings and loan associations or surveys and examinations of the institutions required to be made by law. Information relating to security plans and devices proposed, adopted, installed, or utilized by a public body, other than amounts expended for adoption, implementation, or installation of these plans and devices, is required to be closed to the public and is not considered to be made open to the public under the provisions of this act. Public records do not include collateral lists of lienholders and supplements to the lists maintained by the tax collector pursuant to Article 9, Chapter 49, Title 12, and these lists and supplements are closed to the public and are not made open pursuant to this chapter."
SECTION 7. This act takes effect upon approval by the Governor.
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