Delinquent Tax Sale Information and Instructions

COUNTY OF CHARLESTON
INFORMATION AND INSTRUCTIONS
DELINQUENT TAX SALE

- November 1, 2004 -

BY VIRTUE OF EXECUTIONS issued by the Treasurer of the County of Charleston, the Delinquent Tax Collector has levied upon and will sell certain pieces and parcels of real property in order to collect delinquent taxes, assessments, penalties and costs. The auction is being held in the Charleston County Council Chambers in the Charleston County Public Service Building at 4045 Bridge View Drive, Charleston, SC beginning at 10 am, November 1, 2004 and ending at 4 p.m. that day. If additional days are necessary to complete the auction an announcement will be made to that effect before the close of business each day. The sale on subsequent days (if necessary) will begin promptly at 9:30 a.m. and end at 4:00 p.m.

PAYMENT OF TAXES PRIOR TO SALE
All real property owing delinquent taxes for the tax years 1994 through 2003 is subject to sale. In addition, current year (i.e., 2004) taxes will be included with the delinquent amount. To avoid sale, all delinquent taxes, assessments, penalties and costs must be received and processed by the County prior to 5:00 p.m. October 29, 2004.

Personal or company checks will not be accepted since sufficient time must be allowed for the checks to clear. Only cash, money order, attorney's trust/escrow account checks or certified checks will be accepted for the payment of taxes.

Property to be offered for sale will be advertised in the Charleston Post and Courier on October 1, 8 & 15, 2004 in the name of the current owner and the defaulting taxpayer, defined by the South Carolina statutes as the owner of record on December thirty-first of the year preceding the taxable year.

A listing of properties being offered will be available in two formats: (1) A computerized listing will be available on August 20, 2004 at a cost of $20; (2) A listing will be posted on the Charleston County Website www.charlestoncounty.org in parcel identifier number order and alpha order by current owner name for persons using the INTERNET.

BIDDER REGISTRATION

Anyone interested in bidding on property should register with the Delinquent Tax Collector beginning August 20, 2004. Prospective bidders are required to show a valid driver's license or other acceptable identification and will be required to complete an IRS Form W-9.

BIDDING PROCEDURE
Property will be auctioned in tax map number order to the highest bidder and must be paid for with cash, money order or certified check by the close of business on the day of the sale. Should the bid amount not be paid by that time, the defaulting bidder is liable for not more than three hundred dollars damages which may be collected by the Delinquent Tax Collector. The property may then be offered for sale again. If there is no bid, the property will be considered purchased by the county's Forfeited Land Commission for the amount of the taxes, penalties and costs.

Receipts will be issued in the name(s) appearing on the bidder registration forms.

SINCE THE COUNTY IS NOT LIABLE FOR THE QUALITY NOR QUANTITY OF THE PROPERTY SOLD, THERE WILL BE NO REFUNDS OF BID MONEY.

In case a defaulting taxpayer has more than one item to be sold, as soon as sufficient funds have been accrued to cover all of the defaulting taxpayer's taxes, assessments, penalties and costs, no further items will be sold. This is to protect the defaulting taxpayer from excessive redemption penalties. The bidder, however, is only entitled to the property actually sold.

Bids will be recognized only from registered bidders who are seated in the chairs provided.

SMOKING IS NOT PERMITTED ANYWHERE WITHIN THE CHARLESTON COUNTY COUNCIL CHAMBERS.

ASSIGNMENT OF BIDS
Assignment of bids, either in whole or in part, will be accepted beginning November 22, 2004 until September 23, 2005. Questions concerning assignment of bids by the Forfeited Land Commission should be directed to its chairman.

REDEMPTION OF PROPERTY SOLD
The defaulting taxpayer, any grantee from the owner, or any mortgage or judgment creditor has one year from the date of the sale in which to redeem the property. A redemption penalty is added to the unpaid taxes, assessments, penalties and costs which must be paid in cash or certified funds in order to redeem the property.

On June 6, 2000, the Governor signed into law a bill amending Section 12-51-90 which now reads as follows:
"Section 12-51-90, (A) The defaulting taxpayer, any grantee from the owner, or any mortgage or judgment creditor may within twelve months from the date of the delinquent tax sale redeem each item of real estate by paying to the person officially charged with the collection of delinquent taxes, assessments, penalties, and costs, together with interest as provided in subsection (B) of this section. If prior to the expiration of the redemption period, the purchaser assigns his interest in any real property purchased at a delinquent tax sale, the grantee from the successful bidder shall furnish the person officially charged with the collection of delinquent taxes a conveyance, witnessed and notarized. The person officially charged with the collection of delinquent taxes shall replace the successful bidder's name and address with the grantee's name and address in the delinquent tax sale book.

(B) Interest is due on the whole amount of the delinquent tax sale based on the month during the redemption period the property is redeemed according to the following schedule:

Month of Redemption Period Interest Imposed

Property Redeemed

First three months 3 percent;

Months four, five, and six 6 percent;

Months seven, eight, and nine 9 percent;

Last three months 12 percent.

However, in every redemption, the amount of interest due must not exceed the amount of the bid on the property submitted on behalf of the forfeited land commission pursuant to Section 12-51-55."

This amendment is in effect for all tax sales held after the signing by the Governor on June 6, 2000.

Once property is redeemed the bidder will be notified by mail and must return the original sale receipt to the delinquent tax collector before a refund check is issued. The bidder should allow at least thirty days for the processing of the refund.

VOIDING A SALE
At any time prior to title being passed the county may void the sale of an item for any reason.

CONVEYING PROPERTY NOT REDEEMED
Property not redeemed will be conveyed by quitclaim deed to the successful purchaser within thirty days, or as soon thereafter as practicable, following the expiration of the redemption period. The purchaser will be notified in writing and must pay all applicable fees prior to the deed being recorded by the Register of Mesne Conveyance (RMC).

IMPORTANT NOTE:

THE PURCHASER OF PROPERTY AT A TAX SALE ACQUIRES THE TITLE WITHOUT WARRANTY AND BUYS AT HIS OWN RISK. THE COUNTY IS NOT LIABLE FOR THE QUALITY OR QUANTITY OF THE PROPERTY SOLD.

For the bidder's own protection, it is recommended that professional advice be sought if there are any legal questions pertaining to a delinquent tax sale.

James M. Farris, Director