South Carolina General Assembly
125th Session, 2023-2024

Download This Bill in Microsoft Word Format

Indicates Matter Stricken
Indicates New Matter

H. 3512

STATUS INFORMATION

General Bill
Sponsors: Reps. McDaniel and Henegan
Document Path: LC-0077DG23.docx

Introduced in the House on January 10, 2023
Currently residing in the House Committee on Judiciary

Summary: Foreclosure

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number
12/15/2022 House Prefiled
12/15/2022 House Referred to Committee on Judiciary
1/10/2023 House Introduced and read first time (House Journal-page 193)
1/10/2023 House Referred to Committee on Judiciary (House Journal-page 193)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/15/2022



A bill

to amend the South Carolina Code of Laws by adding Section 15-39-160 so as to provide that if the state is under a state of emergency, then no judicial proceeding or judicial sale may be held to foreclose on real property; and by adding Section 12-51-180 so as to provide that if the state is under a state of EMERGENCY, then no county treasurer may foreclose on real property.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   Article 1, Chapter 39, Title 15 of the S.C. Code is amended by adding:

   Section 15-39-160.   Notwithstanding any other provision of law, so long as any portion of this State is under a gubernatorial state of emergency, no judicial proceeding or judicial sale may be held to foreclose on real property.

SECTION 2.   Chapter 51, Title 12 of the S.C. Code is amended by adding:

   Section 12-51-180.   Notwithstanding any other provision of law, so long as any portion of this State is under a gubernatorial state of emergency, the provisions of this chapter may not be utilized to foreclose on real property.

SECTION 3.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide.  After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 4.   This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on January 11, 2024 at 5:33 PM