Current Status Bill Number:699 Ratification Number:361 Act Number:332 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950405 Primary Sponsor:Richter All Sponsors:Richter Drafted Document Number:richter\res9698.ler Date Bill Passed both Bodies:19960508 Date of Last Amendment:19960508 Governor's Action:S Date of Governor's Action:19960520 Subject:Property taxes, delinquent; redemption of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19960530 Act No. A332
------ 19960520 Signed by Governor
------ 19960514 Ratified R361
Senate 19960508 Ordered enrolled for ratification
Senate 19960508 Conference Committee Report adopted 88 SCC
House 19960508 Conference Committee Report adopted 98 HCC
Senate 19960423 Conference powers granted, 88 SCC Martin
appointed Senators to Committee Richter
of Conference Alexander
House 19960418 Conference powers granted, 98 HCC Harrell
appointed Reps. to Committee of McKay
Conference White
House 19960418 Insists upon amendment
Senate 19960417 Non-concurrence in House amendment
House 19960411 Read third time, returned to Senate
with amendment
House 19960410 Amended, read second time
House 19960403 Committee report: Favorable with 30 HWM
amendment
House 19960328 Introduced, read first time, 30 HWM
referred to Committee
Senate 19960327 Read third time, sent to House
Senate 19960326 Read second time, notice of
general amendments
Senate 19960321 Recalled from Committee, 06 SF
placed on the Calendar
Senate 19950405 Introduced, read first time, 06 SF
referred to Committee
View additional legislative information at the LPITS web site.
(A332, R361, S699)
AN ACT TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO DELINQUENT TAX SALES, SO AS TO REQUIRE NOTICE TO THE DELINQUENT TAXPAYER OF ANY EXCESS DUE THE TAXPAYER FOR THE SUCCESSFUL BID AND TO PRESCRIBE THE METHOD OF THE NOTICE; AND TO AMEND SECTION 12-51-120, RELATING TO NOTICE REQUIRED OF THE END OF THE REDEMPTION PERIOD, SO AS TO CONFORM THE REFERENCE TO THE INTEREST RATE TO THE AMENDMENT CONTAINED IN THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Interest rate
SECTION 1. Section 12-51-90 of the 1976 Code is amended to read:
"Section 12-51-90. The defaulting taxpayer, any grantee from the owner, or any mortgage or judgment creditor may within twelve months from the date of the delinquent tax sale redeem each item of real estate by paying to the person officially charged with the collection of delinquent taxes, assessments, penalties, and costs, together with eight percent interest on the whole amount of the delinquent tax sale bid. In the case of a redemption in the last six months of the redemption period, for all real property except that classified pursuant to Section 12-43-220(c) at the time of the delinquent sale, the applicable rate of interest is twelve percent. If prior to the expiration of the redemption period, the purchaser assigns his interest in any real property purchased at a delinquent tax sale, the grantee from the successful bidder shall furnish the person officially charged with the collection of delinquent taxes a conveyance, witnessed and notarized. The person officially charged with the collection of delinquent taxes shall replace the successful bidder's name and address with the grantee's name and address in the delinquent tax sale book."
Notice of excess
SECTION 2. Section 12-51-60 of the 1976 Code, as last amended by Act 296 of 1994, is further amended to read:
"Section 12-51-60. The successful bidder at the delinquent tax sale shall pay legal tender to the person officially charged with the collection of delinquent taxes in the full amount of the bid on the day of the sale. Upon payment, the person officially charged with the collection of delinquent taxes shall furnish the purchaser a receipt for the purchase money and attach a copy of the receipt to the execution with the endorsement of his actions which must be retained by him. Expenses of the sale must be paid first, and the balance of all delinquent tax sale monies collected must be turned over to the treasurer. Upon receipt of the funds, the treasurer shall immediately mark the public tax records regarding the property sold as follows: Paid by tax sale held on (insert date). All other monies received, including any excess due the defaulting taxpayer after payment of delinquent taxes, assessments, penalties, and costs, must be retained, paid out, and accounted for by the delinquent tax collector. The defaulting taxpayer must be notified in writing by the delinquent tax collector of any excess due the taxpayer. The notice must be addressed and mailed to the defaulting taxpayer in the manner provided in Section 12-51-40(b) for taking exclusive possession of real property. Expenses of providing this notice are considered costs of the sale for purposes of determining the amount, if any, of the excess."
Notice of redemption period
SECTION 3. Section 12-51-120 of the 1976 Code is amended to read:
"Section 12-51-120. Neither more than forty-five days nor less than twenty days prior to the end of the redemption period for real estate sold for taxes, the person officially charged with the collection of delinquent taxes shall mail a notice by `certified mail, return receipt requested-deliver to addressee only' to the owner of record immediately preceding the end of the redemption period at the best address of the owner available to the person officially charged with the collection of delinquent taxes that the real property described on the notice has been sold for taxes and if not redeemed by paying taxes, assessments, penalties, costs, and interest at the applicable rate on the bid price in the total amount of --- dollars on or before ---- (twelve months from date of sale)
(date) -----,
a tax title will be delivered to the successful purchaser at the tax sale. Under this chapter, the return of the certified mail `undelivered' is not grounds for a tax title to be withheld or be found defective and ordered set aside or canceled of record."
Time effective
SECTION 4. This act takes effect upon approval by the Governor and applies with respect to delinquent tax sales occurring on and after that date.
Approved the 20th day of May, 1996.