Below are procedures used to auction real estate to collect delinquent taxes in Cherokee County. The information provided below is for guidance only and does not constitute legal advice.
The Cherokee County Tax Sale is held at the Cherokee County Administrative Building,
110 Railroad Avenue, Gaffney, SC 29340, on the first floor in the County Council Chambers.
Tax sale are conducted once a year, usually in November or December. The date will be announced on the county website as well as in local newspaper publications, three consecutive weeks prior to sale.
You must register in order to bid and there is no registration fee. You may register in the Delinquent Office or online prior to the sale, or at 9:00 am on the sale day. Bidder registration requires Driver’s License. Bidder receipts, refunds and deeds, if applicable, will be issued in the name registered.
YOU BID AT YOUR OWN RISK! Each property is sold in its “as is” condition. Cherokee County make no warranty and no representation whatsoever, including, but not limited to, the value of the property, the size, shape, boundaries, location or physical characteristics, the number or conditions of any buildings or improvements, or quality of the title to the property. Therefore, Cherokee County strongly urges bidders to research all property and obtain legal advice prior to placing bids. Our office will not provide research information for you.
This is an open bid, and bidders must use their numbered bidder cards in order to place bids. The delinquent tax office will present the opening bid, which is made on behalf of the Forfeited Land Commission, and will consist of all delinquent taxes, penalties and costs, plus the current year’s taxes. The properties will be announced for sale in the alphabetical order as they appeared in the newspaper ads and will provide the owners name and map number. All sales are final, with no exceptions. Terms of sale are cash, cashier’s check or certified funds. All bids must be paid on sale day. All bids are final, and non-refundable.
§12-51-50. If the defaulting taxpayer or the grantee of record of the property has more than one item advertised to be sold, as soon as sufficient funds have been accrued to cover all of the delinquent taxes, assessments, penalties and costs, further items must not be sold.
Default by successful bidder: Should any bid amount not be paid on sale day, the defaulting bidder is liable and may be charged up to $500.00 per bid default.
During the redemption period, successful bidders have no ownership rights to the property and have no right to enter the premises or contact the owner. Redemption is handled through the Cherokee County Tax Collector’s office and ownership rights are transferred only if the property is not redeemed.
On all sales, the defaulting taxpayer, any grantee from the owner, or any mortgage or judgment creditor may within 12 months from the date after the sale, redeem the property by paying taxes, penalties, cost and interest as provided below. Interest is due on the whole amount of sale based on the month during the redemption period the property is redeemed.
First 3 months - 3% of bid amount
Months 4, 5 & 6 - 6% of bid amount
Months 7, 8 & 9 - 9% of bid amount
Last 3 months - 12% of bid amount
However, every redemption amount of interest due must not exceed the amount of bid on the property submitted on behalf of the Forfeited Land Commission, pursuant to SC Code of Laws Section 12-51-55
South Carolina law provides that the Tax Collector may void a sale at any time before a tax title has passed. If a tax sale is voided the bidder is refunded his bid amount only.
Upon failure of the defaulting taxpayer, a grantee from the owner, a mortgagee, a judgment creditor, or a lessee of the property, to redeem the property within the time period allowed for redemption, the Tax Collector, shall make a tax title to the purchaser or the purchaser’s assignee. The purchaser or assignee is responsible to pay necessary cost of recording and documentary stamps to the Register of Deeds Office to record their deed. The purchaser is also responsible for any current taxes due.
During the fourth quarter of the redemption period, a title search is performed by our attorney. If the property owner redeems the property, they are also responsible for the title search fee. If the property is not redeemed, the bidder is responsible for this fee along with deed recording fees.
The Tax Title is not a warranty title. A purchaser of property at a tax sale acquires the title without warranty and buys at his/her own risk. The Tax Collector is not liable for the quantity of quality of the property sold.
1st Floor Council Chambers