Loading...
Session 111 - (1995-1996)Printer Friendly
(pdf format)
S 0267 General Bill, By Passailaigue
A Bill to amend Article 7, Chapter 3, Title 29, Code of Laws of South Carolina, 1976, relating to mortgage foreclosure, by adding Section 29-3-800, so as to provide that contractual provisions for attorney fees in the amount of a specified percentage of the balance due upon default of a mortgage or note are unconscionable, that in foreclosure actions the court must make a finding as to the reasonableness of attorney fees notwithstanding any contractual provision that would award attorney fees as a specified percentage of the balance due upon default, and that parties to a foreclosure action may agree to the amount of attorney fees due, and in the event the parties reach such an agreement, the court is not required to make a finding as to the reasonableness of the attorney fees.
View full text
A Bill to amend Article 7, Chapter 3, Title 29, Code of Laws of South Carolina, 1976, relating to mortgage foreclosure, by adding Section 29-3-800, so as to provide that contractual provisions for attorney fees in the amount of a specified percentage of the balance due upon default of a mortgage or note are unconscionable, that in foreclosure actions the court must make a finding as to the reasonableness of attorney fees notwithstanding any contractual provision that would award attorney fees as a specified percentage of the balance due upon default, and that parties to a foreclosure action may agree to the amount of attorney fees due, and in the event the parties reach such an agreement, the court is not required to make a finding as to the reasonableness of the attorney fees.
View full text
11/14/94 | Senate | Prefiled |
11/14/94 | Senate | Referred to Committee on Banking and Insurance |
01/10/95 | Senate | Introduced and read first time SJ-114 |
01/10/95 | Senate | Referred to Committee on Banking and Insurance SJ-114 |
03/09/95 | Senate | Committee report: Favorable with amendment Banking and Insurance SJ-15 |
01/25/96 | Senate | Amended SJ-28 |
01/31/96 | Senate | Read second time SJ-24 |
01/31/96 | Senate | Ordered to third reading with notice of amendments SJ-24 |
02/08/96 | Senate | Read third time and sent to House SJ-31 |
02/13/96 | House | Introduced and read first time HJ-23 |
02/13/96 | House | Referred to Committee on Labor, Commerce and Industry HJ-23 |