In all judicial sales of real estate for the foreclosure of mortgages and sales in execution the bidding shall not be closed upon the day of sale but shall remain open until the thirtieth day after such sale, exclusive of the day of sale. Within such thirty day period any person other than the highest bidder at the sale or any representative thereof in foreclosure and execution suits may enter a higher bid upon complying with the terms of sale by making any necessary deposit as a guaranty of his good faith, and thereafter within such period any person, other than such highest bidder at the sale or any representative thereof, in foreclosure suits may in like manner raise the last highest bid, and the successful purchaser shall be deemed to be the person who submitted the last highest bid within such period and made the necessary deposit or guaranty. But the mortgagee or his representative shall enter such bid as he desires at the time the sale is made, and he and all persons acting in his behalf shall be precluded from entering any other bid in any amount at any other time except the single or last bid made by him or in his behalf at the sale. If the thirtieth day falls on Sunday the bidding shall be closed on the Monday immediately following.
The bidding shall be reopened by the officer making the sale on the thirtieth day after the sale, exclusive of the day of the sale, at eleven o'clock in the forenoon and the bidding shall be allowed to continue until the property shall be knocked down in the usual custom of auction to the successful highest bidder complying with the terms of sale. The sales officer shall announce the sales about to be closed and shall receive the final bids in such sales in the order determined by him.
HISTORY: 1962 Code Section 10-1770; 1952 Code Section 10-1770; 1942 Code Section 9078-1; 1932 (37) 1529; 1933 (38) 511; 1934 (38) 1187, 1266, 1346, 1620; 1936 (39) 1294; 1939 (41) 156, 202.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 39 - Executions And Judicial Sales Generally
Section 15-39-10. Kinds of execution.
Section 15-39-20. Executions of course within ten years.
Section 15-39-30. Issuance of executions; effective period.
Section 15-39-40. Counties to which execution may be issued.
Section 15-39-50. Execution against the person.
Section 15-39-60. Execution against married woman.
Section 15-39-70. Executions may be taken out by administrators de bonis non.
Section 15-39-80. Contents of executions.
Section 15-39-90. Executions on judgments of inferior courts.
Section 15-39-100. Execution constitutes no lien on personal property prior to levy.
Section 15-39-110. Sheriff may break into house in certain cases.
Section 15-39-120. Sheriff to keep memorandum of levy; schedule.
Section 15-39-140. Failure or neglect to make return.
Section 15-39-150. Sheriff must give notice of money collected.
Section 15-39-310. Order for discovery of property.
Section 15-39-320. Arrest in lieu of discovery order.
Section 15-39-330. Examination of witnesses and debtor.
Section 15-39-340. Debtor of execution debtor may pay debt to sheriff.
Section 15-39-350. Examination of debtors of judgment debtor.
Section 15-39-360. Proceedings against joint debtors.
Section 15-39-370. Witnesses may be required to testify.
Section 15-39-380. Compelling party or witnesses to attend.
Section 15-39-390. Master shall certify examination to judge.
Section 15-39-400. Examinations and answers shall be under oath.
Section 15-39-410. Property which may be ordered to be applied to execution.
Section 15-39-430. Judge may appoint receiver.
Section 15-39-440. Prohibition of transfer or of interference with property.
Section 15-39-450. Filing and effect of order appointing receiver.
Section 15-39-460. Proceedings on claims of others to property or on denial of indebtedness.
Section 15-39-480. Costs of proceeding.
Section 15-39-490. Punishment for contempt.
Section 15-39-610. Property taken under execution shall be sold.
Section 15-39-620. Estates held in trust may be sold.
Section 15-39-630. Where and by whom sales made.
Section 15-39-635. Judicial sales by referees.
Section 15-39-640. Sheriff shall make judicial sales; fees.
Section 15-39-650. Sheriff shall advertise sale of property.
Section 15-39-660. Contents of advertisement of sale; manner of publication.
Section 15-39-680. Judicial sale days.
Section 15-39-690. Hours of sale.
Section 15-39-700. Place of sales.
Section 15-39-710. Sheriff's execution sales shall be for cash; resale.
Section 15-39-720. Upset bids within thirty days on foreclosure or execution sale.
Section 15-39-730. Upset bids in other judicial sales.
Section 15-39-740. Deposits by bidders.
Section 15-39-750. Return of deposit when bid raised.
Section 15-39-770. Compensation of officer making sale of real estate.
Section 15-39-830. Conveyance after sale.
Section 15-39-840. Conveyances of real estate sold under execution.
Section 15-39-850. Successors of selling officers may make title.
Section 15-39-860. Recording and indexing of execution conveyances.
Section 15-39-880. Certain liens extinguished by sale when lien creditor is a party to proceeding.
Section 15-39-890. Reacquisition of property by lien debtor.