H 4531 Session 112 (1997-1998)
H 4531 General Bill, By Vaughn, Bailey, Barrett, Bauer, Bowers, Canty, Cato,
Cave, Clyburn, Davenport, Govan, Hamilton, Haskins, Knotts, Koon, Leach, Mason,
McCraw, McGee, Riser, Rodgers, Sandifer, Simrill, Stille, Tripp, Woodrum and
W.J. Young
A BILL TO AMEND SECTION 12-51-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO PAYMENT BY THE SUCCESSFUL BIDDER AT A DELINQUENT TAX SALE,
SO AS TO REQUIRE PAYMENT ONLY OF TAXES, ASSESSMENTS, PENALTIES, AND COSTS
PENDING EXPIRATION OF THE REDEMPTION PERIOD; TO AMEND SECTION 12-51-90, AS
AMENDED, RELATING TO REDEMPTION OF REAL PROPERTY BY A DEFAULTING TAXPAYER, SO
AS TO ALLOW THE DEFAULTING TAXPAYER TO PAY INTEREST ONLY ON THE SUM ACTUALLY
PAID BY THE SUCCESSFUL BIDDER; TO AMEND SECTION 12-51-100, RELATING TO
CANCELLATION OF THE SALE UPON REDEMPTION AND REFUND TO THE PURCHASER, SO AS TO
REFLECT THE PAYMENT REQUIRED OF THE SUCCESSFUL BIDDER; AND TO AMEND SECTION
12-51-130, AS AMENDED, RELATING TO EXECUTION AND DELIVERY OF THE TAX TITLE, SO
AS TO REQUIRE THE SUCCESSFUL BIDDER TO REMIT THE BALANCE OF THE DELINQUENT TAX
BID BEFORE ISSUANCE OF THE TAX DEED.
01/28/98 House Introduced and read first time HJ-16
01/28/98 House Referred to Committee on Ways and Means HJ-17
03/03/98 House Member(s) request name removed as sponsor: Hinson
HJ-5, Law HJ-5
A BILL
TO AMEND SECTION 12-51-60, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT
BY THE SUCCESSFUL BIDDER AT A DELINQUENT TAX
SALE, SO AS TO REQUIRE PAYMENT ONLY OF TAXES,
ASSESSMENTS, PENALTIES, AND COSTS PENDING
EXPIRATION OF THE REDEMPTION PERIOD; TO AMEND
SECTION 12-51-90, AS AMENDED, RELATING TO
REDEMPTION OF REAL PROPERTY BY A DEFAULTING
TAXPAYER, SO AS TO ALLOW THE DEFAULTING
TAXPAYER TO PAY INTEREST ONLY ON THE SUM
ACTUALLY PAID BY THE SUCCESSFUL BIDDER; TO AMEND
SECTION 12-51-100, RELATING TO CANCELLATION OF THE
SALE UPON REDEMPTION AND REFUND TO THE
PURCHASER, SO AS TO REFLECT THE PAYMENT REQUIRED
OF THE SUCCESSFUL BIDDER; AND TO AMEND SECTION
12-51-130, AS AMENDED, RELATING TO EXECUTION AND
DELIVERY OF THE TAX TITLE, SO AS TO REQUIRE THE
SUCCESSFUL BIDDER TO REMIT THE BALANCE OF THE
DELINQUENT TAX BID BEFORE ISSUANCE OF THE TAX
DEED.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 12-51-60 of the 1976 Code, as last amended
by Act 431 of 1996, is further amended to read:
"Section 12-51-60. The successful bidder at the delinquent
tax sale shall pay legal tender on the day of the sale to the
person officially charged with the collection of delinquent taxes in
the full amount of unpaid property taxes, assessments,
penalties, costs, and taxes levied for the year in which the redemption
period begins. The balance of the bid on the day of
the sale amount is due when the redemption period expires
and before execution and delivery of the tax title as provided in
Section 12-51-130. Upon payment, the person officially charged
with the collection of delinquent taxes shall furnish the purchaser a
receipt for the purchase money sums paid and attach
a copy of the receipt to the execution with the endorsement of his
actions which must be retained by him. Expenses of the sale must be
paid first and the balance of all delinquent tax sale monies collected
must be turned over to the treasurer. Upon receipt of the funds, the
treasurer shall immediately shall mark the public tax
records regarding the property sold as follows: Paid by tax sale held
on (insert date). All other monies received, including any excess
due the defaulting taxpayer after payment of delinquent taxes,
assessments, penalties, and costs, must be retained, paid out, and
accounted for by the delinquent tax collector. Once a tax deed has
been issued as provided in Section 12-51-130, the defaulting
taxpayer must be notified in writing by the delinquent tax collector
of any excess due the taxpayer. The notice must be addressed and
mailed to the defaulting taxpayer in the manner provided in Section
12-51-40(b) for taking exclusive possession of real property.
Expenses of providing this notice are considered costs of the sale for
purposes of determining the amount, if any, of the excess."
SECTION 2. 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. (A) The defaulting taxpayer,
any a grantee from the owner, or any
a 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, a sum equal to all taxes,
assessments, penalties, and costs, together with.
(B) The defaulting taxpayer also shall pay to the
person officially charged with the collection of delinquent taxes a
sum equal to eight percent interest on the whole amount
of the delinquent tax sale bid actually remitted by the
successful bidder on the day of the sale to the official, to include
unpaid property taxes, assessment, penalties, costs, and taxes levied
for the year in which the redemption period begins, pursuant to
Section 12-51-60. In the case of When a
redemption takes place in the last six months of the
redemption period, for all real property except that property
classified pursuant to Section 12-43-220(c) at the time of the
delinquent sale, the applicable rate of interest is twelve percent.
(C) If, prior to before 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 3. 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 on
it the amount paid, by whom, and when. The successful
purchaser, at the delinquent tax sale, shall
promptly must be notified promptly 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 sums paid pursuant to Section
12-51-60."
SECTION 4. Section 12-51-130 of the 1976 Code, as last amended
by Act 34 of 1997, is further amended to read:
"Section 12-51-130. Upon failure of the defaulting taxpayer,
any a grantee from the owner, or any
a mortgage or judgment creditor, to redeem realty within the
time period allowed for redemption, the person officially charged
with the collection of delinquent taxes, shall within
thirty days or as soon thereafter after that as
possible, shall collect the balance of the bid amount from the
successful bidder and make a tax title to the purchaser or the
purchaser's assignee. Delivery of the tax title to the clerk of court or
register of deeds is considered 'putting the purchaser (or
assignee) in possession'. The tax title shall
must include, among other things, the name of the defaulting
taxpayer, the date of the execution, the date the realty was posted and
by whom, and the dates each certified notice was mailed to the party
or parties of interest, to whom mailed and whether or not received by
the addressee. The successful purchaser (or assignee)
is responsible in the amount of fifteen dollars for the cost of the tax
title plus any documentary stamps necessary to be affixed and
recording fees. The successful purchaser (or assignee)
shall pay the amounts to the person officially charged with the
collection of delinquent taxes before delivery of the tax title to the
clerk of court or register of deeds and upon payment, the
person officially charged with the collection of delinquent taxes is
responsible for promptly transmitting the tax title to the clerk of court
or register of deeds for recording and remitting the recording fee and
documentary stamps cost. In case If the tax sale of
an item produced produces an overage in cash above
the full amount due in taxes, assessments, penalties, and costs, the
overage shall belong belongs to the defaulting
taxpayer to be claimed or assigned according to law. If neither
claimed nor assigned within five years of date of public auction tax
sale, the overage shall escheat escheats to the general
fund of the governing body. Prior to Before the
escheat date unclaimed overages must be kept in a separate account
and must be invested so as not to be idle, and the
governing body of the political subdivision is entitled to
retains the earnings for keeping the overage. On escheat date
the overage must be transferred to the general funds of the governing
body."
SECTION 5. This act takes effect upon approval by the Governor.
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