Current Status Introducing Body:House Bill Number:3518 Ratification Number:435 Act Number:382 Primary Sponsor:R. Young Type of Legislation:GB Subject:Deed, recording of Date Bill Passed both Bodies:19940427 Computer Document Number:BBM/10236DW.93 Governor's Action:S Date of Governor's Action:19940510 Introduced Date:19930217 Date of Last Amendment:19940223 Last History Body:------ Last History Date:19940510 Last History Type:Act No. 382 Scope of Legislation:Statewide All Sponsors:R. Young Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
3518 ------ 19940510 Act No. 382
3518 ------ 19940510 Signed by Governor
3518 ------ 19940504 Ratified R 435
3518 Senate 19940427 Read third time, enrolled for
ratification
3518 Senate 19940414 Read second time
3518 Senate 19940413 Committee Report: Favorable 11
3518 Senate 19940301 Introduced, read first time, 11
referred to Committee
3518 House 19940224 Read third time, sent to
Senate
3518 House 19940223 Amended, read second time
3518 House 19940222 Debate adjourned until
Wednesday, February 23, 1994
3518 House 19940209 Committee Report: Favorable 25
with amendment
3518 House 19930217 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
(A382, R435, H3518)
AN ACT TO AMEND SECTION 30-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITE FOR RECORDING A DEED OR INSTRUMENT IN WRITING, SO AS TO ADD AN ALTERNATIVE METHOD AS A PREREQUISITE FOR RECORDING; AND TO AMEND SECTION 29-3-330, RELATING TO THE METHODS A MORTGAGE, DEED OF TRUST, OR OTHER WRITTEN INSTRUMENT SECURING THE PAYMENT OF MONEY OR BEING A LIEN ON REAL PROPERTY MAY BE SATISFIED, SO AS TO PROVIDE AN ALTERNATIVE METHOD WHEN THE SIGNATURE OF THE OWNER OR HOLDER OF THE INSTRUMENT HAS BEEN LOST OR DESTROYED.
Be it enacted by the General Assembly of the State of South Carolina:
Requirements for recording a deed
SECTION 1. Section 30-5-30 of the 1976 Code is amended to read:
"Section 30-5-30. Except as otherwise provided by statute, before any deed or other instrument in writing can be recorded in this State, it must be acknowledged or proved by the method described in (A) or (B):
(A) (1) the execution of the deed or other instrument must be first proved by the affidavit of a subscribing witness to the instrument, taken before some officer within this State competent to administer an oath. If the affidavit is taken without the limits of this State, it may be taken before:
(a) a commissioner appointed by dedimus issued by the clerk of the court of common pleas of the county in which the instrument is to be recorded;
(b) a commissioner of deeds of this State;
(c) a clerk of a court of record who shall make certificate of the deed or other instrument under his official seal;
(d) a justice of the peace who shall append to the certificate his official seal;
(e) a notary public who shall affix to the deed or other instrument his official seal within the State of his appointment, which is a sufficient authentication of his signature, residence, and official character;
(f) before a minister, ambassador, consul general, consul, or vice-consul, or consular agent of the United States of America; or
(g) in the case of any officer or enlisted man of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard on active duty outside the State or any civilian employee of any such organization on active duty outside the continental confines of the United States, any commissioned officer of the Army, Air Force, Navy, Marine Corps, or Coast Guard, if the probating officer states his rank, branch, and organization.
(2) The Uniform Recognition of Acknowledgments Act must be complied with; or
(3) the person executing it shall submit an affidavit subscribed to before a person authorized to perform notarial acts herein or by the Uniform Recognition of Acknowledgments Act that the signature on the deed or other instrument is his signature and that the instrument was executed for the uses and purposes stated in the instrument.
(B) A deed or other instrument must be signed by the grantor, mortgagor, vendor, or lessor and the signing must be acknowledged by the grantor, mortgagor, vendor, or lessor in the presence of two witnesses, taken before some officer within this State competent to administer an oath. If the acknowledgment is taken without the limits of this State, it may be taken before:
(1) a commissioner appointed by dedimus issued by the clerk of the court of common pleas of the county in which the instrument is to be recorded;
(2) a commissioner of deeds of this State;
(3) a clerk of a court of record who shall make certificate of the deed or other instrument under his official seal;
(4) a justice of the peace who shall append to the certificate his official seal;
(5) a notary public who shall affix to the deed or other instrument his official seal within the State of his appointment, which is a sufficient authentication of his signature, residence, and official character;
(6) before a minister, ambassador, consul general, consul, or vice-consul, or consular agent of the United States of America; or
(7) in the case of any officer or enlisted man of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard on active duty outside the State or any civilian employee of any such organization on active duty outside the continental confines of the United States, any commissioned officer of the Army, Air Force, Navy, Marine Corps, or Coast Guard, if the probating officer states his rank, branch, and organization.
(C) Where the instrument is acknowledged by the grantor or maker, the form of acknowledgement must be in substance as follows:
`South Carolina,
County.
I (here give the name of the official and his official title), do hereby certify that (here give the name of the grantor or maker), personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and (where an official seal is required by law) official seal this the day of (year).
Signature of Officer'"
Cancellation, discharge, and release of mortgage, deed, or trust
SECTION 2. Section 29-3-330(c) of the 1976 Code is amended to read:
"(c) 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 probated, 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.
The signature of 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)."
Time effective
SECTION 3. This act takes effect upon approval by the Governor and applies to all deeds or other instruments in writing executed after December 31, 1994.
Approved the 10th day of May, 1994.