§ 29-3-40 — Priority of certain advancements by mortgage.

South Carolina § 29-3-40

• Jurisdiction: South Carolina
• Title 29: MORTGAGES AND OTHER LIENS
• Ch. 3: MORTGAGES AND DEEDS OF TRUST GENERALLY

Text

The holder of any mortgage of real property, when the mortgage contains provisions authorizing advancements thereunder for taxes, insurance premiums, public assessments and repairs, may make such advancements and, when made, they shall be secured by the mortgage and have the same rank and priority as the principal debt thereby secured and bear interest from the date of such advancements, as provided in the mortgage. Advancements made for taxes by any such mortgage holder shall be a first lien on the mortgaged real property to the extent of the taxes so paid with interest from the date of payment, regardless of the rank and priority of the mortgage under which such taxes are advanced.

Legislative History

HISTORY: 1962 Code SECTION 45-54; 1952 Code SECTION 45-54; 1942 Code SECTION 8712-1; 1935 (39) 307; 1982 Act No. 385, SECTION 57(2)(a). Editor's Note 1982 Act No. 385, SECTION 1, provides as follows: "Section 1. It is hereby explicitly stated by the terms of this act that the provisions of Title V Part A-Mortgage Usury Laws, Mortgages, Section 501(a)(1), and Part B-Business and Agricultural Loans, Sections 511 and 512 of Public Law No. 96-221 (94 Stat. 132) known as the Depository Institutions Deregulation and Monetary Control Act of 1980, as amended, shall not apply with respect to loans, mortgages, credit sales and advances made in this State, and that this State does not want the provisions of Title V, Part A-Mortgage Usury Laws, Mortgages, Section 501(a)(1) and Part B-Business and Agricultural Loans, Sections 511 and 512 of the Depository Institutions Deregulation and Monetary Control Act of 1980 to apply with respect to loans, mortgages, credit sales and advances made in this State."