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H. 4066
STATUS INFORMATION
General Bill
Sponsors: Rep. Harrison
Document Path: l:\council\bills\agm\18829mm07.doc
Introduced in the House on May 15, 2007
Currently residing in the House Committee on Judiciary
Summary: Mortgages
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 5/15/2007 House Introduced and read first time HJ-18 5/15/2007 House Referred to Committee on Judiciary HJ-18
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 30-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES OF RECORDING AN INSTRUMENT IN WRITING, SO AS TO REQUIRE THAT A MORTGAGE BE ACKNOWLEDGED IN WRITING BY A SOUTH CAROLINA ATTORNEY BEFORE IT MAY BE RECORDED.
Be it enacted by the General Assembly of the State of South Carolina:
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 may be recorded in this State, it must be acknowledged or proved by the method described in (A) or (B): and as further provided in this section.
(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 an officer within this State competent to administer an oath. If the affidavit is taken without the limits of outside 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 an officer within this State competent to administer an oath. If the acknowledgment is taken without the limits of outside 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 If 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'
(D) In addition to the above, a mortgage must not be recorded in this State unless the mortgage is acknowledged by an attorney authorized to practice law in the State of South Carolina. The form of acknowledgement must in substance as follows:
'South Carolina
County.
I (here give the name of the attorney), do hereby certify that I have reviewed, prepared, or have caused the foregoing instrument to be prepared under my supervision.
Witness my hand and (where an official seal is required by law) official seal this the day of (year).
Signature of Attorney'"
SECTION 2. This act takes effect upon approval by the Governor and applies to all mortgages offered for recording after that date.
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