South Carolina General Assembly
121st Session, 2015-2016

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Bill 5004


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-312 SO AS TO PROVIDE THAT THE NONJUDICIAL FORECLOSURE PROCEDURES CONTAINED IN ARTICLE 3, CHAPTER 32, TITLE 27, "TIMESHARE LIEN FORECLOSURE ACT", DO NOT APPLY TO A MORTGAGOR OR AN OBLIGOR WHO IS A CURRENT MEMBER OF THE UNITED STATES ARMED FORCES, REGARDLESS OF THE DATE WHEN THE MORTGAGE IN QUESTION ORIGINATED, OR TO A PERSON ENTITLED TO PROTECTION UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT.

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

SECTION    1.    Article 3, Chapter 32, Title 27 of the 1976 Code is amended by adding:

"Section 27-32-312.    Notwithstanding another provision of law, the nonjudicial foreclosure procedures contained in this article may not be used to foreclose a mortgage lien or an assessment lien against a timeshare estate of either a mortgagor or an obligor who is a:

(1)    current member of the United States Armed Forces, regardless of the date when the mortgage in question originated; or

(2)    person entitled to protection under the Servicemembers Civil Relief Act of 2003, 50 U.S.C. App. Sec. 501 et seq."

SECTION    2.    This act takes effect upon approval by the Governor.

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