Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 29-3-330 of the 1976 Code, as last amended by Act 19 of 2011, is further amended to read:
"Section 29-3-330.
(A) In this section these
words shall have the following meaning:
(1)
'Mortgage' means a lien against real property that is
granted to secure the payment of money; a deed of trust MUST BE
given the same meaning as a 'mortgage'.
(2)
'Register' means the official, including the register
of deeds, register of mense conveyances or clerk of court
charged with the recording and indexing duties in Chapter 5,
Title 30.
(3)
'Release' means an instrument releasing all real
property encumbered from the lien of the mortgage.
(4)
'Satisfaction' means a discharge signed by the
mortgagee of record, the trustee of a deed of trust, or by an
agent or officer, legal representative, or attorney-in-fact
under a written instrument duly recorded, of either of the
foregoing indicating that the property subject to the security
instrument is released.
(5)
'Security instrument' means any mortgage, deed of
trust, or other written instrument securing the payment of money
and being a lien upon real property.
(B)
Any mortgage, deed of trust, or other written
instrument securing the payment of money and being a lien upon
real property may be cancelled, discharged, and A
security instrument may be satisfied or released by any of
the following methods:
(a1) The
mortgagee or other person being of
record, the owner or holder of the mortgage, as
appears by the record of the instrument or any assignment of the
instrument the trustee of a deed of trust, or
the legal representative, agent or officer, or
attorney-in-fact, under a written instrument duly
recorded, of the holder of the instrument of
any of the foregoing, may exhibit the security
instrument to the officer or his deputy
register who has charge of the recording of the
security instrument and then in the presence of the
officer or his deputy register write
across the face of the record of the security instrument
the words 'The debt secured is paid in full and the lien of this
instrument is satisfied', 'The lien of this instrument has
been released', or words of like meaning and date the
notation and sign it, the. The signature
to must be witnessed by the
officer or his deputy; register.
(b2)
The satisfaction of the mortgage, deed of
trust, or other instrument securing the payment of money and
being a lien upon real property or release of the
security instrument may be written upon or attached to the
original security instrument and executed by any person
above named in the presence of one or more
two witnesses and acknowledged, in which event the
satisfaction or release must be recorded across the face
of the record of the original instrument;
or.
(3)
The mortgagee of record, the trustee of a deed
of trust, or an agent or officer, legal representative, or
attorney-in-fact, under a written instrument duly recorded, of
either of the foregoing, may execute a satisfaction or release
of a mortgage or deed of trust. Any person executing such
satisfaction or release which is false is guilty of perjury and
subject to Section 16-9-10 and MUST BE liable for damages that
any person may sustain as a result of the false affidavit,
including reasonable attorney's fees incurred in connection with
the recovery of such damages. This satisfaction or release must
be signed in the presence of two witnesses, acknowledged, and
must be in substantially the same form as follows:
'STATE OF SOUTH CAROLINA
MORTGAGE/DEED OF TRUST SATISFACTION
PURSUANT TO SECTION 29-3-330(B)(3)
OF THE SOUTH CAROLINA CODE OF LAWS, 1976
The undersigned being the mortgagee
of record, the trustee of a deed of trust, or the legal
representative, agent or officer, or attorney-in-fact of the
mortgagee of record or the trustee of the trust, under a written
agreement duly recorded, of either of the foregoing,
certifies:
The debt secured by the
mortgage/deed of trust recorded in the office of the Clerk of
Court or Register of Deeds of ____________ County in book ______
at page ______ is:
[ ] paid in full and the lien or the foregoing instrument has been released; or
[ ] the lien of the foregoing instrument has been released.
The Clerk of Court or Register of Deeds may enter this cancellation into record.
Under penalties of perjury, I declare that I have examined this affidavit this ___day of ________ and, to the best of my knowledge and belief, it is true, correct, and complete.
WITNESS my/our hand this ___ day of ____, 20 ___.
__________________
(Signature)
__________________
(Witness Signature)
__________________
(Witness Signature)
State of ________________
County of ______________
This instrument was acknowledged
before me this (date) by (name of officer/authorized signer,
title of officer/authorized signer), of (name of
corporation/entity acknowledging), a (type of entity and state
or place of incorporation/formation), on behalf of the
corporation/entity.
Signature of Notary ___________________
Notary Public, State of _________________
Printed Name of Notary _________________
My Commission Expires:
_______________'
This notary acknowledgment form does not preclude the use of
any other form of acknowledgment permitted by South Carolina
law. The filing of this satisfaction shall satisfy or release
the lien of the mortgage or deed of trust. Upon presentation,
the register shall record this satisfaction or release pursuant
to Section 29-3-330(B)(3) and mark the mortgage or deed of trust
satisfied or released of record.
(c)(i)
In case the original mortgage, deed of trust, or
other instrument securing the payment of money and being a lien
upon real property has been lost or destroyed it may be
satisfied, either by the owner and holder of the instrument in
person or his personal representative or duly authorized
attorney-in-fact, by an instrument in writing duly executed in
the presence of two witnesses and acknowledged pursuant to the
Uniform Recognition of Acknowledgments Act in Chapter 3, Title
26, and in addition the person executing the satisfaction shall
make an affidavit that he or the person he represents is at the
time of the satisfaction a bona fide owner and holder of the
mortgage, deed of trust, or other instrument securing the
payment of money and being a lien upon real property and that
has not been assigned, hypothecated, or otherwise disposed of.
The affidavit must be recorded along with the satisfaction. The
maker of any affidavit which is false is guilty of perjury and
punished as by law provided for the punishment of perjury.
(ii) The
signature of the owner or holder of the instrument which has
been lost or destroyed to which this section applies may be
proved in the manner provided above or in the alternative may
also be acknowledged by the owner or holder of the instrument in
the presence of two witnesses, taken before an officer competent
to administer an oath. The form of the acknowledgement must be
as provided in Section 30-5-30(C) and if the acknowledgement is
taken outside this State, it may be taken in the manner provided
in Section 30-5-30(B).
(d4) If the
mortgage, deed of trust, or other written
security instrument was recorded in counterparts, the
original of the security instrument need
not be presented and the satisfaction or release of it
may be evidenced by an instrument of
satisfaction, or release, or
discharge, which may be executed in counterparts,
executed by the mortgagee, the holder of the
mortgage, the legal representative, agent or officer, or
the attorney-in-fact under a written instrument duly
recorded. Upon presentation of the instrument of
satisfaction, or release, or
discharge, or a counterpart of it, the officer
or his deputy having charge of the recording of
instruments register shall record the same.
(e5)
Any licensed attorney admitted to practice in the
State of South Carolina who can provide proof of payment of
funds by evidence of payment made payable to the mortgagee,
holder of record, servicer, or other party entitled to receive
payment may record, or cause to be recorded, an affidavit, in
writing, duly executed in the presence of two witnesses and
acknowledged pursuant to the Uniform Recognition of
Acknowledgments Act in Chapter 3, Title 26, which states that
full payment of the balance or payoff amount of the
mortgage or other instrument securing the payment of
money and being a lien upon real property security
instrument has been made and that evidence of payment from
the mortgagee, assignee, or servicer exists. This affidavit,
duly recorded in the appropriate county, shall serve as notice
of satisfaction of the mortgage and release of the lien upon the
real property. The filing of the affidavit
shall must be sufficient to
satisfy, or release, or
discharge the lien. Upon presentation of the
instrument of satisfaction, or release,
or discharge, the officer or his deputy
having charge of the recording of instruments shall
register must record the same. This section may not be
construed to require an attorney to record an affidavit pursuant
to this item or to create liability for failure to file such
affidavit. The licensed attorney signing any such instrument
which is false is guilty of perjury and subject to Section
16-9-10 and shall be liable for damages that any person may
sustain as a result of the false affidavit, including reasonable
attorney's fees incurred in connection with the recovery of such
damages. The affidavit referred to in this item shall be as
follows:
'STATE OF SOUTH CAROLINA
MORTGAGE LIEN
COUNTY OF ___________
SATISFACTION AFFIDAVIT
PURSUANT TO
Section SECTION 29-3-330
OF SC CODE OF LAWS
FOR BOOK ____ PAGE
_____
The undersigned on oath, being first duly
sworn, hereby certifies as follows:
1. The undersigned is a
licensed attorney admitted to practice in the State of South
Carolina.
2. That with respect to
the mortgage or deed of trust given by __________________
to ______________________ dated _______ and recorded in the
offices of the Clerk of Court or Register of Deeds in
book _________ at page ________:
a.
[ ] That the undersigned was given
written payoff information and made such payoff and is in
possession of a canceled check or other evidence of payment to
the mortgagee, holder of record, or representative servicer;
b.
[ ] That the undersigned was given
written payoff information and made such payoff by wire transfer
or other electronic means to the mortgagee, holder of record, or
representative servicer and has confirmation from the
undersigned's bank of the transfer to the account provided by
the mortgagee, holder of record, or representative servicer.
Under penalties of perjury, I declare that
I have examined this affidavit this ___ day of ____ and, to the
best of my knowledge and belief, it is true, correct, and
complete.
______________________________________
(Witness)
(Signature)
______________________________________
(Witness)
(Name--Please Print)
______________________________________
______________________________(Attorney's
S.C. Bar number)
STATE OF SOUTH CAROLINA
ACKNOWLEDGEMENT
COUNTY OF ____________________
The foregoing instrument was acknowledged
before me this ___ day of ____________ by
________________________.
____________________________
Notary Public for South Carolina
My Commission Expires:
_____________________'
Upon presentation to the office of the
Register of Deeds, the register is directed to record pursuant
to Section 29-3-330(eB)(3) and
mark the mortgage or deed of trust satisfied or
released of record."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.