South Carolina S 822: Deed Theft

Bill Text

2025-2026 Bill 822 Text of Previous Version (Apr. 16, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 822

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter 
Stricken

Indicates New Matter

Committee Amendment Adopted and Amended

April 16, 2026

S. 822

Introduced 
by Senators Corbin, Garrett, Young, Turner and Alexander 

S. Printed 4/16/26--S.

Read the first time January 15, 2026

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
27-7-80 SO AS TO DEFINE TERMS RELATING TO REAL ESTATE FRAUD AND CREATE THE 
FELONY OF DEED THEFT.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 7, Title 27 of the S.C. Code is amended by 
adding:

 Section 
27-7-80. (A) As used in this section:

 (1) 
"Title theft" means a person or entity unlawfully transfers or attempts to 
transfer a property owner's title or deed to themselves or to another party 
without the effective consent of the property owner or with the intent to 
deprive the property owner of or the nonpossessory interest in the real 
property.

 (2) 
"Real estate instrument" means any of the following instruments that convey, 
transfer, encumber, or affect real estate and property including deeds, 
mortgages, or any other document that is used to show ownership of or 
nonpossessory interest in real property in this State.

 (3) 
"Effective consent" means consent by a person legally authorized to act for the 
owner. Effective consent does not include consent induced by deception or 
coercion or given by a person without legal capacity.

 (4) 
"Nonpossessory interest" means an interest that may be conveyed by a quitclaim 
deed or conditional transfer.

 (B) It 
is unlawful for a person without the effective consent of the property owner, 
whether with intent to deprive the property owner of or the nonpossessory 
interest in the real property, to knowingly or intentionally:

 (1) 
forge or counterfeit any real estate instruments;

 (2) 
use a real estate instrument knowing it to have been forged or counterfeited; 
or

 (3) 
use a false name or address, use the personal identifying information, as 
defined in Section 16-15-310, of another person, make a materially false 
statement, fail to disclose a security interest, or conceal any other material 
fact in the filing of a real estate instrument.

 (C) A 
person violating the provisions of this section is guilty of the felony of 
title theft and, upon conviction, must be fined not more than five thousand 
dollars, imprisoned not more than five years, or both.

 (D) The 
court may order a person or entity, upon conviction, to pay for: 

 (1) 
the costs for any loss of use of real property; 

 (2) 
loss of or damage to property, including trees, landscaping, or crop; and

 (3) 
reasonable attorney's fees, court costs, and actual costs related to the 
matter. 

 (E) 
Notwithstanding the provisions of this section, and subject to the limitations 
herein, an attorney licensed to practice law in this State, who conducted or 
supervised the real estate closing or the preparation of the original 
instrument, may modify an original real estate instrument to correct or cure 
errors arising from the instrument's original draft or execution, for the 
purpose of correcting or clarifying the public record so that it accurately 
reflects the intent of the parties.

 (F) A 
person who is a victim of title theft may bring a civil action in the court of 
common pleas against the person or entity that unlawfully transfers or attempts 
to transfer a property owner's title or deed to themselves or to another party 
to deprive the owner of or the nonpossessory interest in the real property. The 
court may award compensatory damages, punitive damages, injunctive relief, and 
other appropriate relief. A prevailing plaintiff also may be awarded attorneys' 
fees and costs. 

SECTION 2. This act takes effect upon approval 
by the Governor.

----XX----

This web page was last updated on April 16, 2026 at 03:49 PM