(1) Except as provided by the provisions on limitations on attorney’s fees as to certain supervised loans (§ 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 § 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.

Terms Used In South Carolina Code 37-3-404

  • Lien: A claim against real or personal property in satisfaction of a debt.