Pay close attention to the Tax Collector, as she is in control of this sale and may find it necessary to modify information provided to you. Any cellular telephones or pagers must either be put on vibrate or turned off during the sale.
This sale is to commence at 10:00 a.m. November 4, 2013. Each day the sale will close at 4:00 p.m. and will begin the following day, if necessary, at 9:30 a.m. or until closed by the Tax Collector. There will also be an announced break for lunch.
Properties will be listed and sold in alphabetical order, carefully follow the format used in the advertisements placed in the newspaper.
In some instances, only a portion of an advertised tract may be sold.
All real property, upon which a successful bid is made, is subject to one (1) year redemption period. This allows the property owner or his designee to redeem (or return the property to the delinquent taxpayer) the property.
Properties are conveyed by virtue of a deed or title transferring whatever interest Berkeley County has to convey. The county makes no representations as to title or value of property. There will be no refund of bid money. You may wish to review the State law or seek advice from your attorney regarding your bid.
All successful bid amounts must be paid with cash, money order or certified check by the close of business on the day of sale in the TAX COLLECTOR’S. Should the bid not be received within the time specified, the bidder is liable and will be charged $500.00 for bid default. If there is no bid, the property will be considered purchased by the County’s Forfeited Land Commission (FLC) for the amount of the taxes, penalties and costs. Receipts will be issued in the name(s) appearing on the bidder registration forms.
An original Tax Sale Receipt will be issued for each fully paid bid. The Bidders’ Receipts will be mailed to address provided.
The process of sale for each item will be as follows:
Bidding until a high bid is ultimately reached.
The successful bidder will show his or her bidder card number. The Tax Collector’s staff will retain the bidder card amount, and number. This card will constitute the official record for bid amount purposes.
Bidders shall preferably tender a certified check following the end of bidding for the day at the TREASURER’S OFFICE to obtain the permanent receipt, which must be retained until the real property is deeded to the bidder (after the redemption period) or the tax receipt, with notation, in the case of personal property. These receipts must be held as they represent the successful bidder’s claim to the property.
Please be advised that the tax collector may void the tax sale (SC Code of Laws Section 12-51-150):
“In the case that the official in charge of the tax sale discovers before a tax title has passed, the failure of any action required to be properly performed, the official may void the tax sale and refund the bid amount paid back to the successful bidder.” If the Tax Collector voids the tax sale, the bidder will receive the interest in the amount actually earned by the county on the amount refunded to the successful bidder.
Pursuant to SC Code of Laws Section 12-51-55, Tax Collector is required to submit a bid on behalf of the Forfeited Land Commission equal to the amount of all unpaid taxes, penalties, and costs including taxes levied for the year in which the redemption period begins.
Defaulting taxpayers have 12 months in which to redeem the property. Bidders have no rights to the property during this period. If no redemption occurs, property will be conveyed by quitclaim deed to the successful purchaser, 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 Deed (ROD). 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. Multiple acreage tracts require a recordable plat from the bidder before the Tax Collector can issue a deed.
Interest earned on the bid amount will not exceed the opening bid.
12-51-90. Redemption of real property; assignment of purchaser’s interest.
(B) The lump sum amount of interest due on the whole amount of the delinquent tax sale based on the month during the redemption period the property is redeemed and that rate relates back to the beginning of the redemption. 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.
Finally, these notes are for your guidance only; should you have any questions regarding any aspect of the Tax Sale, please direct those to the Tax Collector during the periodic breaks. Any advice or answers you receive from any other person whether or not they are working for the Tax Collector shall not represent the Tax Collector. The best source for accurate information is the Tax Collector as she is the person in charge of the tax sale. She will not be bound by any other person’s representations unless she first directs you to them and concurs in their response.
For your protection as a bidder, it is recommended that professional advice be sought if there are any legal questions pertaining to a delinquent tax sale. The Tax Collector cannot give legal advice.