Current Status Bill Number:4579 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980204 Primary Sponsor:Cobb-Hunter All Sponsors:Cobb-Hunter Drafted Document Number:jic\5083htc.98 Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:Property taxes, delinquent; redemption of property sold for; Taxation
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980204 Introduced, read first time, 30 HWM
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTIONS 12-51-90, AS AMENDED, 12-51-100, AND 12-51-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO ELIMINATE THE REQUIREMENT FOR INTEREST TO BE PAID ON THE WHOLE AMOUNT OF THE TAX SALE BID BY THE REDEEMING TAXPAYER, GRANTEE, OR MORTGAGE OR JUDGMENT CREDITOR AND TO MAKE CONFORMING AMENDMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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. The defaulting taxpayer, any grantee from the owner, or any 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, the taxes, assessments, penalties, and costs, together with eight percent interest on and the whole amount of the delinquent tax sale bid. In the case of a redemption in the last six months of the redemption period, for all real property except that classified pursuant to Section 12-43-220(c) at the time of the delinquent sale, the applicable rate of interest is twelve percent. If prior to 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 2. 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 the amount paid, by whom and when. The successful purchaser, at the delinquent tax sale, shall promptly be notified 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."
SECTION 3. Section 12-51-120 of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"Section 12-51-120. Neither more than forty-five days nor less than twenty days prior to the end of the redemption period for real estate sold for taxes, the person officially charged with the collection of delinquent taxes shall mail a notice by 'certified mail, return receipt requested-restricted delivery' to the owner of record immediately preceding the end of the redemption period at the best address of the owner available to the person officially charged with the collection of delinquent taxes that the real property described on the notice has been sold for taxes and if not redeemed by paying taxes, assessments, penalties, and costs and interest at the applicable rate on and the bid price in the total amount of dollars on or before (twelve months from date of sale)
(date) ,
a tax title will be delivered to the successful purchaser at the tax sale. Under this chapter, the return of the certified mail 'undelivered' is not grounds for a tax title to be withheld or be found defective and ordered set aside or canceled of record."
SECTION 4. This act takes effect upon approval by the Governor and applies to redemptions of property sold for delinquent taxes at sales held on or after that date.