H*3518 Session 110 (1993-1994)
H*3518(Rat #0435, Act #0382) General Bill, By R.M. Young
A Bill 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.-amended title
02/17/93 House Introduced and read first time HJ-13
02/17/93 House Referred to Committee on Judiciary HJ-14
02/09/94 House Committee report: Favorable with amendment
Judiciary HJ-17
02/22/94 House Debate adjourned until Wednesday, February 23,
1994 HJ-24
02/23/94 House Amended HJ-27
02/23/94 House Read second time HJ-30
02/24/94 House Read third time and sent to Senate HJ-400
03/01/94 Senate Introduced and read first time SJ-7
03/01/94 Senate Referred to Committee on Judiciary SJ-7
04/13/94 Senate Committee report: Favorable Judiciary SJ-21
04/14/94 Senate Read second time SJ-47
04/27/94 Senate Read third time and enrolled SJ-36
05/04/94 Ratified R 435
05/10/94 Signed By Governor
05/10/94 Effective date 05/10/94
05/10/94 See act for exception to or explanation of
effective date
05/31/94 Copies available
(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. |