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TO AMEND SECTION 12-24-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A DEED BE FILED WITH AN AFFIDAVIT STATING THE VALUE OF THE REALTY CONVEYED, SO AS TO DELETE A PROVISION THAT THE VALUE OF THE REALTY CONVEYED IS NOT REQUIRED IN AN AFFIDAVIT ACCOMPANYING A DEED EXEMPT FROM THE RECORDING FEE REQUIREMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 24, Title 12 of the 1976 Code, as amended by Act 323 of 2006, is further amended to read:
"Section 12-24-70. (A)(1) The clerk of court or register of deeds shall require an affidavit showing the value of the realty to be filed with a deed. The affidavit required by this section must be signed by a responsible person connected with the transaction, and the affidavit must state that connection. The clerk of court or register of deeds, at his discretion, may waive the affidavit requirement.
(2) For deeds exempt from the provisions of this chapter, the value is not required to be stated on the affidavit, but the affidavit must state the reason the deed is exempt from the fee.
(B) The clerk of court or register of deeds shall file these affidavits in his office.
(C) A person required to furnish the affidavit who wilfully furnishes a false or fraudulent affidavit is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(D) An affidavit is not required for an instrument or deed of distribution assigning, transferring, or releasing real property to the distributee of an estate pursuant to Section 62-3-907 as evidence of the distributee's title."
SECTION 2. This act takes effect upon approval by the Governor.
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