Current Status Bill Number:677 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970422 Primary Sponsor:Wilson All Sponsors:Wilson and Hutto Drafted Document Number:s-jud\wilson\jud6039.agw Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:Deed recordings, affidavits to accompany, provisions; Property, Taxation
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19970422 Introduced, read first time, 06 SF referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 12-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AFFIDAVITS, SO AS TO PROVIDE THAT AN AFFIDAVIT OF TRUE CONSIDERATION MUST ACCOMPANY EACH DEED PRESENTED FOR RECORDING UNLESS THE TOTAL VALUE OF THE REALTY IS SET FORTH EXPLICITLY IN THE DEED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-24-70 of the 1976 Code, as added by Section 57A, Part II, Act No. 458 of 1996, is amended to read:
"Section 12-24-70. (A) Unless the total value of the realty is set forth explicitly in the deed, An an affidavit must accompany every deed presented for recording and must set forth the true, full, and complete value of the realty as defined in Section 12-24-30. In addition, the clerk or register of mesne conveyances may require any other information considered necessary. However, the clerk or register of mesne conveyances, at his discretion, may waive the affidavit requirement.
If the deed is exempt under Section 12-24-40, the affidavit must state that the deed is exempt and state the reason for the exemption. This affidavit must be signed by a responsible person connected with the transaction and the affidavit must state that connection.
(B) The clerk of court or register of mesne conveyances shall must file these affidavits in his office.
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."
SECTION 2. This act takes effect upon approval by the Governor.