H 4579 Session 112 (1997-1998)
H 4579 General Bill, By Cobb-Hunter
A BILL TO AMEND SECTIONS 12-51-90, AS AMENDED, 12-51-100, AND 12-51-120, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF
PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO ELIMINATE THE REQUIREMENTS FOR
INTEREST TO BE PAID ON THE WHOLE AMOUNT OF THE TAX SALE BID BY THE REDEEMING
TAXPAYER, GRANTEE, OR MORTGAGE OR JUDGMENT CREDITOR AND TO MAKE CONFORMING
AMENDMENTS.
02/04/98 House Introduced and read first time HJ-30
02/04/98 House Referred to Committee on Ways and Means HJ-30
A BILL
TO AMEND SECTIONS 12-51-90, AS AMENDED, 12-51-100,
AND 12-51-120, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE REDEMPTION OF
PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO
ELIMINATE THE REQUIREMENT FOR INTEREST TO BE PAID
ON THE WHOLE AMOUNT OF THE TAX SALE BID BY THE
REDEEMING TAXPAYER, GRANTEE, OR MORTGAGE OR
JUDGMENT CREDITOR AND TO MAKE CONFORMING
AMENDMENTS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 12-51-90 of the 1976 Code, as last amended
by Act 332 of 1996, is further 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, the taxes, assessments,
penalties, and costs, together with eight percent interest on
and 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."
SECTION 2. Section 12-51-100 of the 1976 Code is amended to
read:
"Section 12-51-100. Upon the real estate being redeemed, the
person officially charged with the collection of delinquent taxes shall
cancel the sale in the tax sale book and note thereon the amount paid,
by whom and when. The successful purchaser, at the delinquent tax
sale, shall promptly be notified by mail to return the tax sale receipt
to the person officially charged with the collection of delinquent
taxes in order to be expeditiously refunded the purchase price plus
the eight percent interest provided in Section 12-51-90."
SECTION 3. Section 12-51-120 of the 1976 Code, as last amended
by Act 431 of 1996, is further 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-restricted delivery' 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, and costs and interest at the
applicable rate on and 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."
SECTION 4. This act takes effect upon approval by the Governor
and applies to redemptions of property sold for delinquent taxes at
sales held on or after that date.
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