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Ex. SC-049 Order Primary source read

Order re Statewide Evictions and Foreclosures (2020-04-30-02)

Resumption of evictions and foreclosures May 15, 2020 with CARES Act certification

Chief Justice Donald W. Beatty · South Carolina (Court)

The COVID Project

The record

Jurisdiction
South Carolina
Level
Court
Authority
S.C. Const. art. V, § 4; CARES Act § 4024 (certification)
Issued
2020-04-30 Apr. 30, 2020
Effective
2020-05-15 (resumption) (read as 2020-05-15)
End
Certification requirement continued while the CARES Act moratorium applied (read as 2020-09-30)
In force
May 15, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitation types
Gathering capFace-covering requirementCourts and public offices
Addressees
  • magistrates and masters-in-equity
  • persons pursuing eviction or foreclosure
Functions reached
  • PM evictions
  • SV foreclosure and servicing
  • CB
Collection
South Carolina SC

Operative words

IT IS ORDERED that all evictions currently ordered and scheduled statewide shall resume May 15, 2020.... Master-in-Equity courts statewide shall resume foreclosure hearings, foreclosure sales, issuing writs of assistance and writs of ejectments... beginning May 15, 2020.... the judge shall require the person or entity pursuing eviction or foreclosure to certify in writing that the real estate at issue is not subject to the limitations and requirements of the federal Coronavirus Aid, Relief, and Economic Security Act.... any in-person hearings held pursuant to this order must be staggered... There shall be at least 30 minutes between the ending of a hearing and the beginning of another.... Judges are authorized to require that everyone attending in-person hearings wear a mask or other facial covering.

Enforcement

Administrative order; supersedes the Mar. 18, 2020 order

Notes

Fixes the South Carolina moratorium at Mar. 17/18 - May 15, 2020 (58 days).