Bill 269

                    Current Status

Bill Number:               269
Ratification Number:       111
Act Number                 66
Introducing Body:          Senate
Subject:                   Lis pendens; notice; cancellation of;
                           court order not required

(A66, R111, S269)

AN ACT TO AMEND SECTION 15-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF NOTICE OF LIS PENDENS, SO AS TO PROVIDE THAT A NOTICE OF LIS PENDENS MAY BE CANCELED WITHOUT A COURT ORDER BY THE PERSON WHO FILED THE ACTION.

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

Lis pendens; notice; cancellation of; court order not required

SECTION 1. Section 15-11-40 of the 1976 Code is amended to read:

"Section 15-11-40. The court in which the action was commenced, in its discretion at any time after the action is settled, discontinued, or abated, as provided in Section 15-5-190, on application of a person aggrieved and on good cause shown and on a notice as directed or approved by the court, may order the notice authorized by this chapter to be canceled of record by the clerk of any county in whose office the notice was filed or recorded. The cancellation must be made by an endorsement to that effect on the margin of the record which refers to the order and for which the clerk is entitled to a fee of one dollar.

The lis pendens notice, however, may be canceled without a court order by the person who filed the notice any time after the action has been settled, discontinued, abated, or dismissed by a court of law by the submission of a written notice of cancellation to the clerk of court of each county in which a notice was filed or recorded. The clerk may require a fee of one dollar for the effectuation of a cancellation in this manner."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.