A state-mandated, the Horry County Forfeited Land Commission (FLC) is a commission established by the State of South Carolina which consists of the County Treasurer, Auditor and Registrar of Deeds, who serve without compensation. The FLC Committee is the governing body with regard to disposal of each property being in the best interest of the taxpayers of Horry County.
Title 12, Chapter 59 of the SC Code of Laws creates a forfeited land commission in each of the state’s counties and prescribes its membership and duties. The purpose of the Forfeited Land Commission is to effect the sale of land forfeited in pursuance of the South Carolina Code of Laws, 1976, as amended 12-51-55; whereas the Delinquent Tax Collector at the tax sale submits the bid on behalf of the Forfeited Land Commission equal to the amount of all unpaid taxes, assessments, penalties and costs. At the end of the redemption period, properties held by the Forfeited Land Commission will be disposed of pursuant to the Policy and Procedures established by the Commission in the best interest of the County.
Properties become part of the Forfeited Land Commission (FLC) when they have been advertised and presented for auction at the annual Delinquent Tax sale but did not receive bid activity at or above the minimum bid. As the winning bidder, the FLC holds the assignment during the state mandated redemption period. The property then reverts to the FLC as the legal owner of said property after the end of the redemption period.
Properties owned by the FLC can be sold and deeded after the end of their redemption period, and assignments of the bids for those properties can be sold during the redemption period. This redemption period runs for one year and one day from the date of the tax sale at which the property was originally auctioned. On occasion properties owned by the FLC can be sold and deeded immediately because the one-year redemption period has passed.
Due to recent South Carolina legislation in response to the Covid-19 pandemic and litigation pending in the South Carolina Supreme Court challenging that legislation, the Forfeited Land Commission (“FLC”) has decided to suspend the bidding process for the time being. A copy of the recent legislation can be viewed here. After a decision is rendered by the Supreme Court, the FLC will convene to take up the matter of how best to proceed forward.