View Amendment Current Amendment: 19686AB12.docx to Bill 4678     Senator SHEHEEN proposed the following amendment (AGM\19686AB12):
    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.     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 satisfied or released by any of the following methods:
    (a)     The mortgagee or other person being the owner or holder of the mortgage, as appears by the record of the instrument or any assignment of the instrument, The mortgage of record, the owner or holder of the debt instrument secured by the mortgage, 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 these parties may exhibit the instrument to the officer or his deputy Clerk of Court or the Register of Deeds who has charge of the recording of the instrument and then in the presence of the officer or his deputy Clerk of Court or Register of Deeds write across the face of the record of the instrument the words 'The debt secured is paid in full and the lien of this instrument is satisfied', or 'The lien of this instrument has been released', or words of like meaning and date the notation and sign it, the signature to be witnessed by the officer or his deputy; Clerk of Court or Register of Deeds.
    (b)     The satisfaction or release of the mortgage, deed of trust, or other instrument securing the payment of money and being a lien upon real property may be written upon or attached to the original instrument and executed by any person above named in the presence of one or more witnesses, in which event the satisfaction or release must be recorded across the face of the record of the original instrument; or.
    (c)     The mortgagee of record, the owner or holder of the debt instrument secured by the mortgage, the trustee or beneficiary of a deed of trust, or the legal representative, agent or officer, or attorney-in-fact, under a written instrument duly recorded, of any of these parties may execute a satisfaction or release of a mortgage or deed of trust. 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 OR RELEASE
    PURSUANT TO SECTION 29-3-330(c) OF THE SOUTH CAROLINA CODE OF LAWS, 1976
    The undersigned being the mortgagee of record, the owner or holder of the debt instrument secured by the mortgage, the trustee or beneficiary of a deed of trust, or the legal representative, agent or officer, or attorney-in-fact, under a written agreement duly recorded, of any of the these parties, 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 or the lien of the foregoing instrument has been released. The Clerk of Court or Register of Deeds may enter this satisfaction or release into record.
    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 (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. Upon presentation, the clerk or register shall record this satisfaction or release pursuant to Section 29-3-330(c) and mark the mortgage or deed of trust satisfied or released of record.
    This form, satisfying or releasing the lien of the mortgage or deed of trust, may be filed electronically in compliance with the Uniform Electronic Recording of Real Property Act in Chapter 6, Title 30.
    (cd)(i)     In case If 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 or released, either by the owner and holder of the instrument in person or his personal representative, legal representative, agent or officer, or duly authorized attorney-in-fact, under a written instrument duly recorded of any of these parties, 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 or release shall make an affidavit that he or the person he represents is at the time of the satisfaction or release 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 or release. 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, his legal representative, agent or officer, or duly authorized attorney-in-fact, under a written instrument duly recorded of any of these parties, in the presence of two witnesses, taken before an officer competent authorized 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).
    (de)     If the mortgage, deed of trust, or other written instrument was recorded in counterparts, the original of the instrument need not be presented and the satisfaction of it or release 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 of any of these parties. 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 shall record the same.
    (ef)     Any With respect to a mortgage or deed of trust, 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 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 Clerk of Court or Register of Deeds having charge of the recording of instruments shall 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 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. The affidavit referred to in this item shall subsection must be as follows:
    'STATE OF SOUTH CAROLINA     MORTGAGE OR DEED OF TRUST LIEN
    COUNTY OF ___________         SATISFACTION OR RELEASE 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 With respect to the mortgage or deed of trust given by __________________ to ______________________ dated _______ and recorded in the offices office of the Clerk of Court or Register of Deeds in book _________ at page ________:
        a.     [ ]     That the 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 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 clerk or register is directed to record pursuant to Section 29-3-330(e) 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.