Indicates Matter Stricken

Indicates New Matter

 

Committee Amendment Adopted and Amended

April 16, 2026

 

S. 822

 

Introduced by Senators Corbin, Garrett, Young, Turner and Alexander

 

S. Printed 4/16/26--S.

Read the first time January 15, 2026

 

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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.

    Amend Title To Conform

 

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) "Title theft" means a person or entity unlawfully transfers or attempts to transfer a property owner's title or deed to themselves or to another party without the effective consent of the property owner or with the intent to deprive the property owner of or the nonpossessory interest in the real property.

       (2) "Real estate instrument" means any of the following instruments that convey, transfer, encumber, or affect real estate and property including deeds, mortgages, or any other document that is used to show ownership of or nonpossessory interest in real property in this State.

       (3) "Effective consent" means consent by a person legally authorized to act for the owner. Effective consent does not include consent induced by deception or coercion or given by a person without legal capacity.

       (4) "Nonpossessory interest" means an interest that may be conveyed by a quitclaim deed or conditional transfer.

    (B) It is unlawful for a person without the effective consent of the property owner, whether with intent to deprive the property owner of or the nonpossessory interest in the real property, to knowingly or intentionally:

       (1) forge or counterfeit any real estate instruments;

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

       (3) use a false name or address, use the personal identifying information, as defined in Section 16-15-310, of another person, 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 title theft and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.

    (D) The court may order a person or entity, upon conviction, to pay for:

       (1) the costs for any loss of use of real property;

       (2) loss of or damage to property, including trees, landscaping, or crop; and

       (3) reasonable attorney's fees, court costs, and actual costs related to the matter.

    (E) Notwithstanding the provisions of this section, and subject to the limitations herein, an attorney licensed to practice law in this State, who conducted or supervised the real estate closing or the preparation of the original instrument, may modify an original real estate instrument to correct or cure errors arising from the instrument's original draft or execution, for the purpose of correcting or clarifying the public record so that it accurately reflects the intent of the parties.

    (F) A person who is a victim of title theft may bring a civil action in the court of common pleas against the person or entity that unlawfully transfers or attempts to transfer a property owner's title or deed to themselves or to another party to deprive the owner of or the nonpossessory interest in the real property. The court may award compensatory damages, punitive damages, injunctive relief, and other appropriate relief. A prevailing plaintiff also may be awarded attorneys' fees and costs.

 

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

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