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 asked, 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
ASKED, 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 asked, 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. |