S 822

South Carolina General Assembly
126th Session, 2025-2026
Bill 822
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter
Stricken
Indicates New Matter
Committee Amendment Adopted and Amended
April 16, 2026
S. 822
Introduced
by Senators Corbin, Garrett, Young, Turner and Alexander
S. Printed 4/16/26--S.
Read the first time January 15, 2026
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
27-7-80 SO AS TO DEFINE TERMS RELATING TO REAL ESTATE FRAUD AND CREATE THE
FELONY OF DEED THEFT.
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Chapter 7, Title 27 of the S.C. Code is amended by
adding:
    Section
27-7-80. (A) As used in this section:
       (1)
"Title theft" means a person or entity unlawfully transfers or attempts to
transfer a property owner's title or deed to themselves or to another party
without the effective consent of the property owner or with the intent to
deprive the property owner of or the nonpossessory interest in the real
property.
       (2)
"Real estate instrument" means any of the following instruments that convey,
transfer, encumber, or affect real estate and property including deeds,
mortgages, or any other document that is used to show ownership of or
nonpossessory interest in real property in this State.
       (3)
"Effective consent" means consent by a person legally authorized to act for the
owner. Effective consent does not include consent induced by deception or
coercion or given by a person without legal capacity.
       (4)
"Nonpossessory interest" means an interest that may be conveyed by a quitclaim
deed or conditional transfer.
    (B) It
is unlawful for a person without the effective consent of the property owner,
whether with intent to deprive the property owner of or the nonpossessory
interest in the real property, to knowingly or intentionally:
       (1)
forge or counterfeit any real estate instruments;
       (2)
use a real estate instrument knowing it to have been forged or counterfeited;
or
       (3)
use a false name or address, use the personal identifying information, as
defined in Section 16-15-310, of another person, make a materially false
statement, fail to disclose a security interest, or conceal any other material
fact in the filing of a real estate instrument.
    (C) A
person violating the provisions of this section is guilty of the felony of
title theft and, upon conviction, must be fined not more than five thousand
dollars, imprisoned not more than five years, or both.
    (D) The
court may order a person or entity, upon conviction, to pay for:
       (1)
the costs for any loss of use of real property;
       (2)
loss of or damage to property, including trees, landscaping, or crop; and
       (3)
reasonable attorney's fees, court costs, and actual costs related to the
matter.
    (E)
Notwithstanding the provisions of this section, and subject to the limitations
herein, an attorney licensed to practice law in this State, who conducted or
supervised the real estate closing or the preparation of the original
instrument, may modify an original real estate instrument to correct or cure
errors arising from the instrument's original draft or execution, for the
purpose of correcting or clarifying the public record so that it accurately
reflects the intent of the parties.
    (F) A
person who is a victim of title theft may bring a civil action in the court of
common pleas against the person or entity that unlawfully transfers or attempts
to transfer a property owner's title or deed to themselves or to another party
to deprive the owner of or the nonpossessory interest in the real property. The
court may award compensatory damages, punitive damages, injunctive relief, and
other appropriate relief. A prevailing plaintiff also may be awarded attorneys'
fees and costs.
SECTION 2.  This act takes effect upon approval
by the Governor.
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This web page was last updated on April 16, 2026 at 03:49 PM