A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 27-7-80 SO AS TO DEFINE TERMS RELATING TO REAL ESTATE FRAUD AND CREATE THE FELONY OF DEED THEFT.

 

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

 

SECTION 1.  Chapter 7, Title 27 of the S.C. Code is amended by adding:

 

    Section 27-7-80. (A) As used in this section:

       (1) "Fraud," in addition to its normal legal connotation, means a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact, a promise or representation not made honestly and in good faith, and an intentional failure to disclose a material fact.

       (2) "Deed Theft" or "Title Fraud" means a form of real estate fraud where criminals unlawfully transfer a property's owner title or deed to themselves or to another party.

       (3) "Real Estate Instrument" means any of the following instruments that convey, transfer, encumber, or affect real estate and property including, but not limited to, deeds, mortgages, liens as provided for by law, maps or plats relating to real estate in the county; state tax property notices; or any other document that is used to show ownership of real property in this State.

    (B) It is unlawful for a person to:

       (1) alter, forge, or counterfeit any real estate instruments;

       (2) possess or use a real estate instrument knowing it to have been altered, forged, or counterfeited; or

       (3) use a false or fictitious name or address, make a materially false statement, fail to disclose a security interest, or conceal any other material fact in the filing of a real estate instrument.

    (C) A person violating the provisions of this section is guilty of the felony of deed theft and, upon conviction, must be imprisoned not more than five years.

 

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

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