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Indicates Matter Stricken
Indicates New Matter
S. 440
STATUS INFORMATION
General Bill
Sponsors: Senator Shealy
Document Path: l:\s-res\ks\013remo.kmm.ks.docx
Introduced in the Senate on January 12, 2021
Currently residing in the Senate Committee on Judiciary
Summary: False or fraudulent documents
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/12/2021 Senate Introduced and read first time (Senate Journal-page 312)
1/12/2021 Senate Referred to Committee on Judiciary
(Senate Journal-page 312)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND SECTION 30-9-30(B)(2) OF THE 1976 CODE, RELATING TO THE REMOVAL OF FALSE OR FRAUDULENT DOCUMENTS, TO PROVIDE THAT A PERSON PROVIDED WITH A NOTICE OF DOCUMENT REMOVAL MAY COMMENCE A SUIT TO PREVENT THE REMOVAL OF THE DOCUMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 30-9-30(B)(2) of the 1976 Code is amended to read:
"(2) If the clerk of court or the register of deeds reasonably believes that a conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent, or is a sham legal process, the clerk of court or the register of deeds may remove the document from the public records after giving thirty days' written notice to the person on whose behalf the document was filed at the return address provided in the document. Within thirty days written notice of the proposed removal, the person providing provided with the notice may commence a suit in a state court of competent jurisdiction preventing the clerk of court or the register of deeds from removing the document."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on
January 25, 2021 at 3:03 PM