South Carolina General Assembly
107th Session, 1987-1988

Bill 3107


                    Current Status

Bill Number:               3107
Ratification Number:       763
Act Number                 647
Introducing Body:          House
Subject:                   Owner of mobile home or modular home may
                           redeem property
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A647, R763, H3107)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-51-95 AND 12-51-96 SO AS TO AUTHORIZE THE OWNER OF ANY "MOBILE HOME" OR "MODULAR HOME", AS DEFINED IN SECTION 31-17-20, TO REDEEM THE PROPERTY AND TO PROVIDE CONDITIONS UNDER WHICH THE OWNER OF A "MOBILE HOME" OR "MODULAR HOME" MAY REDEEM HIS PROPERTY AS PERMITTED IN SECTION 12-51-95.

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

Owner of mobile home or modular home may redeem property

SECTION 1. Chapter 51, Title 12 of the 1976 Code is amended by adding:

"Section 12-51-95. Notwithstanding the provisions of Section 12-51-110, the owner of any 'mobile home' or 'modular home', as defined in Section 31-17-20, may redeem the property as provided for in Sections 12-51-90, 12-51-100, and 12-51-120."

Provisions effective

SECTION 2. The provisions of Section 12-51-95 of the 1976 Code as added by this act are effective with respect to mobile or modular homes sold at auction by county delinquent tax collectors after the effective date of this act.

Conditions of redemption

SECTION 3. Chapter 51, Title 12 of the 1976 Code is amended by adding:

"Section 12-51-96. In order for the owner of the 'mobile home' or 'modular home' to redeem his property as permitted in Section 12-51-95, the mobile or modular home subject to redemption must not be removed from its location at the time of the delinquent tax sale for a period of twelve months from the date of the sale unless the owner is required to move it by the person other than himself who owns the land upon which the mobile or modular home is situated. In this event, the owner of the mobile or modular home must notify the purchaser and the delinquent tax collector of the new location of the mobile or modular home, which new location also must be in this State. If the owner moves the mobile or modular home in violation of this section he is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand dollars or imprisonment not exceeding one year, or both. In addition to the other requirements and payments necessary for an owner of a mobile or modular home to redeem his property after a delinquent tax sale, the defaulting taxpayer also must pay rent to the purchaser when he redeems this property in an amount to be agreed upon between the purchaser and the delinquent taxpayer and in the event the purchaser and delinquent taxpayer cannot agree upon the amount of this rent, the amount of the rent must be set by the magistrate's court."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.