Sample_Tax_Deed_Form.pdf

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Attached to
Title Search and Update Services and Tax Sale Deed Preparation Services
Solicitation number
RFP #24005
Issued by
Greenville County, South Carolina

About this file

This document is a tax deed form from Greenville County, South Carolina, demonstrating the legal process for collecting delinquent property taxes and transferring property ownership when taxes remain unpaid. The document outlines the Alternative Procedure for Collection of Property Taxes, which allows the county to levy and sell a defaulting taxpayer's property to satisfy outstanding tax obligations. On November 8, 2021, the Tax Collector for Greenville County sold the property after following prescribed notification procedures, including sending certified mail notices to the delinquent taxpayer and potential mortgagees, and posting public notices when mail was undeliverable.

The tax deed transfers property ownership to a new grantee after the mandatory twelve-month redemption period has expired, with several important legal provisions. The conveyance is not a warranty deed and is subject to existing encumbrances, easements, and rights of way. The document references South Carolina Code of Laws, specifically noting that the deed is considered prima facie evidence of good title, and that no action for land recovery can be maintained more than two years after the initial sale. The deed is executed by A. Kevin Hunter, II, the Tax Collector for Greenville County, and requires notarization and witness signatures to be legally complete.

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Text version

STATE OF SOUTH CAROLINA

COUNTY OF GREENVILLE

TAX DEED

(NOT A WARRANTY DEED)

WHEREAS, the provisions of Title 12, Chapter 51, Sections 40 through 170 of the South Carolina Code, 1976, as amended, (hereinafter referred to as the “Alternative Procedure for Collection of Property Taxes”) provide an additional method and procedure for the collection of delinquent property taxes, penalties and cost due to counties and other political subdivisions of the State; and

WHEREAS, the provisions of the Alternative Procedure for Collection of Property Taxes authorize the levy by distress and sale of so much of the defaulting taxpayer’s estate, real, personal, or both, as may be sufficient to satisfy the taxes, penalties, and costs of the sale of the property following advertisement of the property for sale; and

WHEREAS, pursuant to the provisions of the Alternative Procedure for Collection of Property Taxes, a tax execution was issued against ______________________ (defaulting taxpayer) on __________, to levy by distress and sale so much of the defaulting taxpayer’s estate, real, personal, or both, as may be sufficient to satisfy the ___ (year) taxes and costs in the amount of $__________; and

WHEREAS, pursuant to the tax execution, the Tax Collector for Greenville County did on June 14, 2021, cause a notice of tax delinquency to be sent by certified mail, restricted delivery, return receipt requested to the delinquent taxpayer, and the notice (was/was not) received; and

WHEREAS, (in the event the certified mail notice was undelivered) Palmetto Posting, Inc., did post proper notice on _______________, 20__, on one or more conspicuous places on the property against which delinquent taxes were assessed and levied; and

WHEREAS, on November 8, 2021, during the usual hours of sale, the Tax Collector for Greenville County, after due advertisement, did sell the same and gave receipt to _________________________, the highest bidder, at such sale for the sum of $____________________; and

WHEREAS, on ____________________, 20__, the Greenville County Tax Collector did send via certified, return receipt, restricted mail final notice before end of redemption period to ____________________(name) ______________________(address), where such notice (was/was not) received; and

WHEREAS, on ____________________, 20__, the Greenville County Tax Collector did send via certified, return receipt, restricted mail final notice before end of redemption period to ____________________(name), mortgagee, ______________________(address), where such notice (was/was not) received; and

WHEREAS, the twelve-month redemption period provided by law has expired.

NOW, THEREFORE, know all men by these presents that A. Kevin Hunter, II, Tax Collector for Greenville County, for and in consideration of $_________, to me in hand paid by _____________________ (Grantee(s)), the receipt of which is hereby acknowledged, have remised, released, and forever quitclaimed and by these presents do remise, release, and forever quitclaim unto Grantee(s) the property to wit:

[INSERT PROPERTY DESCRIPTION]

THIS CONVEYANCE is subject to encumbrances created by owners within the chain of title, or otherwise imposed by operation of law, which were not extinguished by the tax sale; and is also made subject to all easements, reservations, rights of way, rights of persons in possession, restrictive covenants of record or otherwise affecting the property, and to any applicable land-use and zoning ordinances, all governmental statutes, other ordinances, rules, permits and regulations, and to each of these and all other similar or dissimilar matters which a detailed inspection of the property and a more current and accurate survey (including discussion with adjoining owners) would disclose. Responsibility for rollback taxes, if any, shall be paid by Grantee(s).

THIS CONVEYANCE does not include any portions of the above described property which were heretofore conveyed by owners within the chain of title through valid conveyances.

South Carolina Code of Laws §12-51-160 Deed of evidence of good title; statute of limitations.

In all cases of tax sale the deed of conveyance, whether executed to a private person, a corporation, or a forfeited land commission, must be held and taken as prima facie evidence of a good title in the holder, that all proceedings have been regular and that all legal requirements have been complied with. No action for the recovery of land sold under the provisions of this chapter or for the recovery of the possession may be maintained unless brought within two years from the date of the sale.

TOGETHER with all and singular rights, members, hereditaments and appurtenances to the said premises belonging, or in anywise incident or appertaining.

TO have and to hold all singular the premises hereby granted, with the appurtenances, unto the said grantee(s) his/her/their heirs forever, according to the form in force and effect of the laws and usages of the State of South Carolina and in such cases made and provided.

IN WITNESS WHEREOF, the Grantor has hereto set his hand and seal of his office this ___ day of _______, 20__.

SIGNED sealed and delivered in the Presence of:

Witness #1

Witness #2

A. Kevin Hunter, II, Tax Collector for Greenville County

STATE OF SOUTH CAROLINA

COUNTY OF GREENVILLE

ACKNOWLEDGEMENT

THE FOREGOING INSTRCUMENT was acknowledged before me by A. Kevin Hunter, II, Tax Collector for Greenville County this _______ day of ___________________, 20__.

Notary Public for South Carolina My Commission Expires: ___________

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