Current Status Bill Number:664 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970416 Primary Sponsor:Thomas All Sponsors:Thomas Drafted Document Number:egm\18603djc.97 Residing Body:Senate Current Committee:Banking and Insurance Committee 02 SBI Subject:Lien against property claim, notice requirements; Property
Body Date Action Description Com Leg Involved
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Senate 19970416 Introduced, read first time, 02 SBI
referred to Committee
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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.