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Sponsors: Reps. E.H. Pitts, Toole and Huggins
Document Path: l:\council\bills\ms\7206mm04.doc
Introduced in the House on March 16, 2004
Currently residing in the House Committee on Judiciary
Summary: Dissolution of a mechanic's lien
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/16/2004 House Introduced and read first time HJ-33 3/16/2004 House Referred to Committee on Judiciary HJ-33
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VERSIONS OF THIS BILL
TO AMEND SECTION 29-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSOLUTION OF A MECHANIC'S LIEN IF SUIT FOR ENFORCEMENT OF THE LIEN IS NOT COMMENCED WITHIN SIX MONTHS OF ITS FILING, SO AS TO PROVIDE FOR THE FORM AND SUBSTANCE OF AN "AFFIDAVIT OF CANCELLATION OF MECHANIC'S LIEN" FOR FILING AS RECORD PROOF OF DISSOLUTION OF THE LIEN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 29-5-120 of the 1976 Code is amended to read:
"Section 29-5-120. (A) Unless a suit for enforcing the lien described in Section 29-5-10 is commenced, and notice of pendency of the action is filed, within six months after the person
desiring to avail himself thereof filing the lien ceases to labor on or furnish labor or material for such the building or structures, the lien shall be is dissolved.
(B) At any time after six months of the filing of the lien and the failure to commence a suit to enforce the lien, the owner or other person having an interest in the property may file an 'Affidavit of Cancellation of Mechanic's Lien' executed by his attorney and in substantially the following form:
'Whereas, a Mechanic's Lien was filed on _______________ in the Register of Deeds, Book ________ Page ________; and
Whereas, the undersigned hereby affirms that a suit has not been filed on this claim in a court of competent jurisdiction as of the date of this writing; and
Whereas, in accordance with Section 29-5-120, the Lien is hereby dissolved.
Now, therefore, in accordance with Section 29-5-110, the Defendant hereby requests release of the ___________________bond filed on__________________ in the Register of Deeds, Book_______ Page______, and remittance of a check in the amount of $____________ made payable to ____________________________________________________at (address)__________________________________________.'"
SECTION 2. This act takes effect upon approval by the Governor.
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