John S. Kay

South Carolina Enacts Servicemembers Civil Relief Act    

On April 26, 2019, the Governor of South Carolina signed House Bill 3180 to enact the South Carolina Servicemembers Civil Relief Act. The Act took effect on April 26, 2019 and its provisions are applicable to contracts entered into, extended, or amended on or after July 1, 2019. The Act is intended to expand and supplement the protections of the federal Servicemembers Civil Relief Act. The definition of “military service” will affect South Carolina National Guardsmen who are on active duty for a period of more than thirty days.

SCDOR Authorized to File Tax Liens with an Online Database System

South Carolina Department of Revenue Law Change:

The South Carolina Legislature has passed a new law that has far-reaching implications for those searching land records in the state of South Carolina. Traditionally, the South Carolina Department of Revenue has filed tax liens against individual taxpayers for non-payment of state taxes by filing a lien with the county recorder in the county where the taxpayer resides. The tax lien would then become a lien against any real property owned by the taxpayer in that particular county for a period of ten years.

North & South Carolina Border Dispute Resolved Again

Are the Carolinas Moving?

Although we may have thought the border between South Carolina and North Carolina was firmly established when the Province of Carolina was divided in 1729, the truth is that the line thought of as the border between the two new colonies contained numerous and substantial errors in its measurements.  These discrepancies in the border have now been resolved through cooperation of the two states by a comprehensive re-survey of the North Carolina/South Carolina boundary line. 

Resolved, Again: The Border between North & South Carolina

Although we may have thought the border between North and South Carolina was firmly established when the Province of Carolina was divided in 1729, the truth is that the line thought of as the border between the two new colonies contained numerous and substantial errors in its measurements.  These discrepancies in the border have now been resolved through cooperation of the two states by a comprehensive re-survey of the North Carolina/South Carolina boundary line. 

Lender Prepping & Mailing Loan Mod: Unauthorized Practice of Law?

Lender Preparing & Mailing Loan Modifications Not Engaging in Unauthorized Practice of Law

The increase in foreclosures after the 2008 financial crisis led to an increased response from lenders to assist borrowers. The most common form of aid provided to borrowers since that time has been the use of a loan modification. A large number of loan modifications have been entered into between lenders and borrowers in states across the county and South Carolina is no different.

SC 20-Year Statute Insurance Policy Under Seal

One of the most important hurdles facing a lender or servicer contemplating filing a claim against a policy for title insurance is whether or not the time frame for filing the claim under the applicable statute of limitations has expired.  South Carolina Code section 15-3-530(1) provides for a three-year statute of limitations for actions based upon a contract. As such, the general consensus in South Carolina has been that this three-year time frame is the applicable statute of limitations for claims on policies of title insurance.

Preparing Loan Modifications in SC Without Licensed Attorney

Lenders Do Not Engage in the Unauthorized Practice of Law in South Carolina by Preparing and Mailing Loan Modifications to Borrowers Without the Participation of a Licensed Attorney.

The increase in foreclosures after the 2008 financial crisis led to an increased response from lenders to assist borrowers. The most common form of aid provided to borrowers since that time has been the use of a loan modification. A large number of loan modifications have been entered into between lenders and borrowers in states across the county and South Carolina is no different.