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.

South Carolina Department of Revenue Law Change: Authorized to File Tax Liens with an Online Database System

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.

SC Supreme Court Finds Lender’s Loan Application Process Did Not Violate the South Carolina Attorney Preference Statute

n 2017, the South Carolina Supreme Court issued a decision finding that the loan closing process used by Quicken Loans, Inc. (Quicken) in South Carolina did not constitute the unauthorized practice of law. Boone v. Quicken Loans, Inc., 803 S.E. 2d. 707 (S.C. 2017). Now, in its recent decision in Quicken Loans, Inc., v. Wilson, (S.C. Appellate Case No.

By John S. Kay
Hutchens Law Firm – USFN Member (SC)

South Carolina: Bankruptcy Court Moves to Conduit Mortgage Payments Effective October 1, 2016. 

By John S. Kay | Hutchens Law Firm – USFN Member (SC)

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. 

South Carolina: Court of Appeals Vacates Foreclosure Sale for Failure to Comply with South Carolina Publication Statute

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. 

South Carolina now becomes the most recent state to have a legal decision weighing in on the validity of MERS documents, but not in the usual fashion as we have seen in most states. In fact, the result of the case does not resolve the issue as to whether MERS documents are valid in South Carolina at all.

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.

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.

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.