S 664 Session 112 (1997-1998)
S 0664 General Bill, By Thomas
A BILL TO AMEND CHAPTER 15, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 29-15-110 SO AS TO PROVIDE THAT, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, A PERSON CLAIMING A LIEN AGAINST PROPERTY UNDER THE
PROVISIONS OF THIS CHAPTER MUST GIVE CERTAIN NOTICE TO THE OWNER OF THE
PROPERTY, THE PERSON FROM WHOM POSSESSION OF THE PROPERTY WAS OBTAINED, THE
HOLDER OF SECURITY INTERESTS, ANY OTHER LIENHOLDER, AND TO ANY OTHER PERSON
HAVING OR CLAIMING AN INTEREST IN THE PROPERTY, TO PROVIDE THAT WHENEVER
OWNERSHIP OR LIENS AGAINST PROPERTY SOUGHT TO BE SOLD TO SATISFY AS. 670
CLAIMED LIEN IS EVIDENCED BY A LICENSE, TITLE, REGISTRATION, OR OTHER PUBLIC
RECORD OF OWNERSHIP, THE OWNER OF RECORD AND HOLDERS OF SECURITY INTERESTS AND
OTHER LIENS MUST BE GIVEN WRITTEN NOTICE OF THE CLAIMED LIEN AND PROPOSED
SALE, TO PROVIDE FOR SERVICE, DELIVERY, OR GIVING OF THE REQUIRED NOTICE, AND
THAT FAILURE TO GIVE SUCH NOTICE RENDERS ANY SALE OF THE PROPERTY TO SATISFY
THE LIEN VOID AB INITIO AND OF NO EFFECT, AND TO PROVIDE FOR SERVICE,
DELIVERY, OR GIVING OF THE REQUIRED NOTICE AND FOR THE MANNER AND FORM FOR
PROOF OF IT.
04/16/97 Senate Introduced and read first time SJ-5
04/16/97 Senate Referred to Committee on Banking and Insurance SJ-5
A BILL
TO AMEND CHAPTER 15, TITLE 29, CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING SECTION 29-15-110 SO
AS TO PROVIDE THAT, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, A PERSON CLAIMING A LIEN
AGAINST PROPERTY UNDER THE PROVISIONS OF THIS
CHAPTER MUST GIVE CERTAIN NOTICE TO THE OWNER OF
THE PROPERTY, THE PERSON FROM WHOM POSSESSION
OF THE PROPERTY WAS OBTAINED, THE HOLDER OF
SECURITY INTERESTS, ANY OTHER LIENHOLDER, AND TO
ANY OTHER PERSON HAVING OR CLAIMING AN INTEREST
IN THE PROPERTY, TO PROVIDE THAT WHENEVER
OWNERSHIP OR LIENS AGAINST PROPERTY SOUGHT TO BE
SOLD TO SATISFY A CLAIMED LIEN IS EVIDENCED BY A
LICENSE, TITLE, REGISTRATION, OR OTHER PUBLIC
RECORD OF OWNERSHIP, THE OWNER OF RECORD AND
HOLDERS OF SECURITY INTERESTS AND OTHER LIENS
MUST BE GIVEN WRITTEN NOTICE OF THE CLAIMED LIEN
AND PROPOSED SALE, TO PROVIDE FOR SERVICE,
DELIVERY, OR GIVING OF THE REQUIRED NOTICE, AND
THAT FAILURE TO GIVE SUCH NOTICE RENDERS ANY
SALE OF THE PROPERTY TO SATISFY THE LIEN VOID AB
INITIO AND OF NO EFFECT, AND TO PROVIDE FOR
SERVICE, DELIVERY, OR GIVING OF THE REQUIRED
NOTICE AND FOR THE MANNER AND FORM FOR PROOF OF
IT.
Be it enacted by the General Assembly of the State of South
Carolina.
SECTION 1. Chapter 15, Title 29 of the 1976 Code is amended by
adding:
"Section 29-15-110. (A) Notwithstanding any other provision of
law, whenever a person claiming a lien against property is required
to give notice of the lien, or of the proposed sale or other disposition
of the property, to the owner of the property, the person from whom
possession of the property was obtained, the holder of a security
interest in the property, any other lienholder, and to any other person
having or claiming an interest in property to be sold or disposed of to
satisfy the claimed lien under any provision of this chapter, the notice
must be in writing and must include a full and complete description
of the property to be sold or disposed of, including serial or other
identification numbers on property bearing serial or identification
numbers. The written notice must include an itemized statement of
the claim giving rise to the lien showing the sum due at the time of
the notice, the date when the sum became due, and a description of
the underlying contract or basis for claiming the lien. The written
notice must also include the name, address, and telephone number of
the person claiming the lien, the location of the property against
which the lien is claimed and, if different from the lien claimant, the
name, address, and telephone number of the person having actual
possession of the property at the time notice of the lien or proposed
sale is given.
(B) Whenever ownership of property sought to be sold to satisfy
a claimed lien is evidenced by a license, title, registration, or other
public record required by law, and whenever notice of a security
interest or lien is evidenced by public record, the owner of record
shown on the license, title, registration, or other public record, and
the holder of a security interest or other lien, must be given written
notice of the claimed lien and proposed sale.
(C) Service, delivery, or giving of the written notice required by
this section must be made in good faith and proof of service, delivery,
or giving of such notice must be in the manner and form prescribed
by law for the service of legal process. Failure to give the written
notice required by this section to all persons entitled to such notice
renders any sale of the property to satisfy the lien void ab initio and
of no effect."
SECTION 2. This act takes effect upon approval by the Governor.
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