South Carolina Legislature


 

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H*2412
Session 107 (1987-1988)


H*2412(Rat #0051, Act #0027 of 1987)  General Bill, By Wilkins, J.M. Arthur, 
J.M. Baxley, D.M. Beasley, Boan, P.T. Bradley, T.M. Burriss, R.S. Corning, 
L.E. Gentry, Hayes, J.C. Hearn, J.W. Johnson, P.E. Short and J.W. Tucker
 A Bill to amend Section 15-39-680, Code of Laws of South Carolina, 1976,
 relating to judicial sale days, so as to provide that judicial sales of
 property may be conducted at times other than regular sale days when so
 ordered by a court of competent authority or when so directed by an order of
 reference; and to amend Section 29-3-680, relating to application for order of
 appraisal by a defendant in a real estate foreclosure action against whom a
 personal judgment be taken or askedNext, so as to provide that the petition for
 appraisal must be made within thirty days rather than ninety days after the
 sale.-amended title

   02/05/87  House  Introduced and read first time HJ-418
   02/05/87  House  Referred to Committee on Judiciary HJ-419
   02/18/87  House  Committee report: Favorable Judiciary HJ-576
   02/19/87  House  Read second time HJ-660
   02/24/87  House  Read third time and sent to Senate HJ-687
   02/25/87  Senate Introduced and read first time SJ-655
   02/25/87  Senate Referred to Committee on Banking and Insurance SJ-65
   03/05/87  Senate Committee report: Favorable Banking and Insurance
                     SJ-794
   03/11/87  Senate Amended SJ-868
   03/11/87  Senate Read second time SJ-868
   03/11/87  Senate Ordered to third reading with notice of
                     amendments SJ-868
   03/12/87  Senate  Read third time SJ-899
   03/12/87  Senate Returned SJ-899
   03/25/87  House  Concurred in Senate amendment and enrolled HJ-1440
   04/08/87         Ratified R 51
   04/13/87         Signed By Governor
   04/13/87         Effective date 04/13/87
   04/13/87         Act No. 27
   04/24/87         Copies available



(A27, R51, H2412)

AN ACT TO AMEND SECTION 15-39-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL SALE DAYS, SO AS TO PROVIDE THAT JUDICIAL SALES OF PROPERTY MAY BE CONDUCTED AT TIMES OTHER THAN REGULAR SALE DAYS WHEN SO ORDERED BY A COURT OF COMPETENT AUTHORITY OR WHEN SO DIRECTED BY AN ORDER OF REFERENCE; AND TO AMEND SECTION 29-3-680, RELATING TO APPLICATION FOR ORDER OF APPRAISAL BY A DEFENDANT IN A REAL ESTATE FORECLOSURE ACTION AGAINST WHOM A PERSONAL JUDGMENT BE TAKEN OR PreviousASKEDNext, SO AS TO PROVIDE THAT THE PETITION FOR APPRAISAL MUST BE MADE WITHIN THIRTY DAYS RATHER THAN NINETY DAYS AFTER THE SALE.

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

Times of judicial sales

SECTION 1. Section 15-39-680 of the 1976 Code is amended to read:

"Section 15-39-680. The regular day of judicial sales is the first Monday in each month except when the first Monday in any month is a legal holiday in which case the sale day is on the Tuesday next succeeding the holiday. However, the sheriff may sell personal property on any day after fifteen days' advertisement at any convenient place in his county to be designated in the advertisement. If there is not time to dispose of all the property on sale day the next day following is also a regular sale day, if by public outcry on sale day notice of sale on the next day has been given. Judicial sales of property may be conducted at any other time when so ordered by a court of competent authority or when so directed by an order of reference."

Time for requesting orders of appraisal

SECTION 2. Section 29-3-680 of the 1976 Code is amended to read:

"Section 29-3-680. In any real estate foreclosure proceeding a defendant against whom a personal judgment be taken or Previousasked, whether he has theretofore appeared in the action or not, may within thirty days after the sale of the mortgaged property apply by verified petition to the clerk of court in which the decree or order of sale was taken for an order of appraisal."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.




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