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H. 3762
STATUS INFORMATION
General Bill
Sponsors: Rep. Kirsh
Document Path: l:\council\bills\dka\3242dw05.doc
Introduced in the House on March 15, 2005
Currently residing in the House Committee on Judiciary
Summary: Register of Deeds that refused to file certain documents
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/15/2005 House Introduced and read first time HJ-50 3/15/2005 House Referred to Committee on Judiciary HJ-50
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 30-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF WRITTEN INSTRUMENTS, SO AS TO AUTHORIZE THE PERSON SUBMITTING A DOCUMENT THAT THE REGISTER OF DEEDS HAS REFUSED TO FILE TO COMMENCE SUIT REQUIRING THE CLERK OF COURT OR REGISTER OF DEEDS TO ACCEPT THE DOCUMENT FOR FILING, TO DELETE THE PROVISIONS THAT ESTABLISH A PROCEDURE FOR A PERSON TO HAVE A DOCUMENT ACCEPTED FOR FILING AFTER A SWORN AFFIDAVIT IS SUBMITTED, AND TO PROVIDE A PROCEDURE FOR PREVENTING THE CLERK OF COURT OR REGISTER OF DEEDS FROM REMOVING A DOCUMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 30-9-30(B)(1) and (2) of the 1976 Code, as added by Act 385 of 1998, are amended to read:
"(1) If a person presents a conveyance, mortgage, judgment, lien, contract, or other document to the clerk of court or the register of deeds for filing or recording, the clerk of court or the register of deeds may refuse to accept the document for filing or recording if he reasonably believes that the conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent or is a sham legal process. However, if the person presenting the conveyance, mortgage, judgment, lien, contract, or other document to the clerk of court or the register of deeds resubmits the document within ten business days after the refusal with a sworn, written affidavit asserting the validity of the document and establishing the identity, mailing address, and phone number of all parties connected to the document, the clerk of court or register of deeds must accept the document for filing. Within thirty days of a written notice of such refusal, the person presenting the document may commence a suit in a state court of competent jurisdiction requiring the clerk of court or the register of deeds to accept the document for filing.
(2) If the clerk of court or the register of deeds reasonably believes that a conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent, or is a sham legal process, or was not issued by a court of competent jurisdiction or appropriate government entity, the clerk of court or the register of deeds may remove the conveyance, mortgage, judgment, lien, contract, or other document from the public records after mailing giving thirty days written notice to the person on whose behalf the document was filed at the return address provided in the document and allowing at least ten business days for a response through the form of a sworn, written affidavit asserting the validity of the document and establishing the identity, mailing address, and phone number of all parties connected to the document. If a sworn, written affidavit is received by the clerk of court or register of deeds from the person on whose behalf the document was filed, the conveyance, mortgage, judgment, lien, contract, or other document must be accepted for filing. Within thirty days written notice of the proposed removal, the person providing the notice may commence a suit in a state court of competent jurisdiction preventing the clerk of court or the register of deeds from removing the document."
SECTION 2. This act takes effect upon approval by the Governor.
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