Bill > S0822

This bill establishes the felony of "deed theft" in South Carolina, which involves unlawfully transferring or attempting to transfer a property owner's title or deed to oneself or another party without the owner's genuine consent or with the intent to deprive the owner of their property rights. The bill defines key terms such as "title theft" itself, "real estate instrument" (which includes documents like deeds and mortgages that affect property ownership), and "effective consent" (meaning consent given by someone legally authorized to act for the owner, not obtained through deception or coercion, and by someone with legal capacity). It also clarifies "nonpossessory interest" as a type of property right that can be transferred via a quitclaim deed or conditional transfer. The act makes it illegal to forge or use forged real estate instruments, or to use false information, personal identifying information of others, or conceal material facts when filing such instruments, all without the owner's effective consent and with the intent to deprive them of their property. Violators face fines, imprisonment, and potential court-ordered restitution for losses, including property damage and legal fees. Importantly, the bill includes an exception allowing licensed attorneys to modify real estate instruments to correct errors that clarify the public record and accurately reflect the original intent of the parties, provided they supervised the closing or preparation of the instrument. Victims of deed theft are also granted the right to pursue civil action for damages, punitive damages, and legal costs.