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Bill Number: 2412 Ratification Number: 51 Act Number 27 Introducing Body: House Subject: Judicial sale days
(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."
SECTION 3. This act takes effect upon approval by the Governor.