(1) Except as provided by the provisions on limitations on attorney's fees as to certain supervised loans (Section 37-3-514), with respect to a consumer loan the agreement may provide for the payment by the debtor of reasonable attorney's fees not in excess of fifteen percent of the unpaid debt after default and referral to an attorney not a salaried employee of the lender. A provision in violation of this section is unenforceable.
(2) With respect to a consumer loan that is secured in whole or in part by a lien on real estate the provisions of Section 37-10-102(a) apply whenever the lender requires the debtor to purchase insurance or pay any attorney's fees in connection with examining the title and closing the transaction.
HISTORY: 1962 Code Section 8-800.274; 1974 (58) 2879; 1976 Act No. 686 Section 26; 1982 Act No. 385, Section 36; 1984 Act No. 355, Section 6.
Structure South Carolina Code of Laws
Title 37 - Consumer Protection Code
Section 37-3-101. Short title.
Section 37-3-103. Index of definitions.
Section 37-3-104. "Consumer loan" defined.
Section 37-3-105. First mortgage real estate loans.
Section 37-3-106. "Loan" defined.
Section 37-3-107. "Lender"; "precomputed"; "principal" defined.
Section 37-3-108. "Revolving loan account" defined.
Section 37-3-109. "Loan finance charge" defined.
Section 37-3-200. Restricted loans and restricted lenders.
Section 37-3-201. Loan finance charge for consumer loans.
Section 37-3-202. Additional charges.
Section 37-3-203. Delinquency charges.
Section 37-3-204. Deferral charges.
Section 37-3-205. Loan finance charge on refinancing.
Section 37-3-206. Loan finance charge on consolidation.
Section 37-3-207. Conversion to revolving loan account.
Section 37-3-208. Advance to perform covenants of debtor.
Section 37-3-209. Right to prepay.
Section 37-3-210. Rebate upon prepayment.
Section 37-3-301. Application of and compliance with Federal Truth in Lending Act.
Section 37-3-302. Receipts; statements of account; evidence of payment.
Section 37-3-303. Notice to cosigners and similar parties.
Section 37-3-304. Advertising.
Section 37-3-305. Filing and posting maximum rate schedule.
Section 37-3-306. Notice of assumption rights.
Section 37-3-308. Manufactured home loan disclosure; material terms.
Section 37-3-402. Balloon payments.
Section 37-3-403. No assignment of earnings.
Section 37-3-404. Attorney's fees.
Section 37-3-405. Charges as a result of default prohibited except as authorized by title.
Section 37-3-406. Notice of assignment.
Section 37-3-407. Authorization to confess judgment prohibited.
Section 37-3-408. Change in terms of revolving loan accounts.
Section 37-3-409. Use of multiple agreements.
Section 37-3-410. Lender subject to claims and defenses arising from sale and leases.
Section 37-3-411. Card issuer subject to claims and defenses.
Section 37-3-412. Variable interest rate real estate mortgage loans.
Section 37-3-413. Short-term vehicle secured loans; notice to borrower.
Section 37-3-502. Authority to make supervised loans.
Section 37-3-503. License to make supervised loans.
Section 37-3-504. Revocation or suspension of license.
Section 37-3-505. Records; annual reports.
Section 37-3-506. Examinations and investigations.
Section 37-3-507. Application of Part on Administrative Procedure and Judicial Review.
Section 37-3-509. Use of multiple agreements.
Section 37-3-510. Restrictions on interest in land as security.
Section 37-3-511. Regular schedule of payments; maximum loan term.
Section 37-3-512. Conduct of business other than making loans.
Section 37-3-513. Application of other provisions.
Section 37-3-514. Limitation on attorney's fees.
Section 37-3-515. Loan renewal limitations.
Section 37-3-601. Loans subject to this Title by agreement of parties.