South Carolina Search South Carolina County Register of Deeds databases for official records such as deeds, mortgages, liens, judgments, military discharges, financing statements, and more. In South Carolina deeds, mortgages, and related filings are typically filed with the Register of Deeds. In addition to deeds and mortgages, depending on the county, these filings may also include liens, judgments, military discharges, bonds, trusts, child support enforcement orders, business registration such as assumed or fictitious business names, power of attorney filings, financing statements, Uniform Commercial Code filings, trusts, partnership documents, leases, Wills, and more. We call these databases Recorded Documents. Click on a link below to search available South Carolina County Clerk / Recorder databases for deeds, mortgages, and other recorded documents. A notary public (or notary or public notary) in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. A notarys main functions are to administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain classes of documents, take acknowledgments of deeds and other conveyances, protest notes and bills of exchange, provide notice of foreign drafts, prepare marine or ships protests in cases of damage, provide exemplifications and notarial copies, and perform certain other official acts depending on the jurisdiction.[1] Any such act is known as a notarization. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries. South Carolina South Carolina notaries public are appointed by the Governor to serve a ten-year term. All applicants must first have that application endorsed by a state legislator before submitting their application to the Secretary of State. South Carolina is one of three states (Florida and Maine are the others) where a notary public can solemnize the rites of matrimony (perform a marriage ceremony)(2005).[38] If you live in South Carolina but work in North Carolina, Georgia or Washington, DC, these states will permit you to become a notary public for their state. South Carolina does not offer this provision to out-of-state residents that work in South Carolina (2012).[39] Register of Deeds 8.0 Introduction This chapter is designed to serve as a general reference of the duties and activities that may occur in the Register of Deeds office. While the intent is to provide a useful tool of the basic procedures for active ROD’s, it is also understood that each county may have their own set of policies, practices, and ordinances that they adhere to, in addition to State statute. Please consult your county attorney, SC Court Administration, or the SC Code of Laws, for clarification on any item contained in this chapter. The Register of Deeds exists as a separate governmental office in 21 counties in South Carolina. In the remaining 25 counties, the ROD functions are performed by the elected Clerk of Court. Counties where ROD’s are appointed by the governing body are: Anderson Kershaw Beaufort Lancaster Clarendon Oconee Colleton Orangeburg Georgetown Pickens Horry Richland Jasper Spartanburg Sumter Counties where the ROD’s are elected are: Aiken Berkeley Charleston Dorchester Greenville Lexington On January 1, 1998, the name of the office changed from Register of Mesne Conveyances (RMC) to Register of Deeds (ROD). Current office holders, whether appointed or elected, were authorized to keep the name of RMC during their tenure in office. However, after their term or exit from office, the name is to change to ROD. (See 1997 Act 34) 8.1 Duties The duties of the ROD are set out by the Code of Laws of South Carolina (Sec. 30-5). The proper recording of documents provides notice to subsequent purchasers or creditors of the interests of others in the property and establishes priority of claims against that property i.e Lawful Capacity. Generally, all instruments conveying an interest in real property must be recorded in that county’s ROD in order to be valid. Other documents of public interest may also be recorded by the ROD. The primary duty of the Register of Deeds is to record writings concerning title to or interests in real or personal property. Failure to do so, or to adequately secure the records in his or her charge as a public officer, Can subject the ROD to criminal sanctions. (8-1-50 and -60) The following recording duties are prescribed by law: Recording marriage settlements, conveyances, mortgages and other writings concerning the titles to lands in his/her county. (30-5-90) Recording mortgages of leaseholds or other interests in real estate. (30-5-130) Recording proceedings under the Bankruptcy Act of the United States. (30-5-190) Recording plats of real estate. (30-5-230) Recording assignments or transfers of mortgage. (30-7-30) Recording releases or satisfactions of lien on real estate. (30-7-30) Recording charters of carriers (58-15-100) Recording highway and street closings or abandonment by court order. (57-9-30) Recording conveyances of real property involving the State of South Carolina, only if accompanied by a certificate of acceptance. (1-11-65) Recording S.C. Department of Revenue warrants (12-54-120) Recording and indexing state tax liens. (30-5-15) Providing certified copies of any writing recorded in the office upon application and payment in advance of any required fees. ( 30-5-20) Other recording duties that the ROD may be responsible for: Recording and indexing federal tax liens. Recording mechanics liens. Recording unpaid assessments. Recording veterans DD214 forms. Recording powers of attorney and certificate of trusts. Recording UCC financing statements regarding real estate. As stated earlier, each county may have their own additional practices that they follow. Any recording duty omitted from the above lists is not intentional. 8.2 Recording Fees and Recording Requirements Generally, all documents presented for recording require: An original, “wet” signed document Signature of the Party of the First Part. i.e. Grantor/Seller, Mortgagor/Borrower, etc. Two witnesses to the signature A South Carolina Probate or Acknowledgement. A property description to include a recorded plat reference or metes and bounds description A derivation clause to include name(s), date and book and page of conveyance to the Grantor Subsequent documents such as releases, satisfactions, etc. require a “parent/Duly Sign Powers” or original book and page number. Exceptions/additional requirements are noted. All listed should be relatively consistent in all counties. However, some interpretations may vary slightly. Recording requirements are pursuant to Title 30 – SC Code of Laws. Recording fees are pursuant to 8-21-310 – SC Code of Laws. PROPERTY RECORDS Deed Index Fees Each additional Page Other Charges/Comments AFFIDAVIT $10 NO CHARGE IF ATTACHED TO DOCUMENT Can be recorded without witnesses; Notary signature required AGREEMENT $10 FIRST 4 PGS $1 ASSIGNMENT OF LEASES $10 FIRST 4 PGS $1 ASSIGNMENT OF LEASES RELEASE $10 FIRST 4 PGS $1 ASSIGNMENT OF LEASES SAT $10 FIRST 4 PGS $1 BANKRUPTCY NOTICE $15 FIRST 4 PGS $1 Only signature of Judge or Trustee is required BOND FOR TITLE $10 FIRST 4 PGS $1 Both parties must sign; full property description not required BOND FOR TITLE ASSIGNMENT $10 FIRST 4 PGS $1 BOND FOR TITLE CANCELLATION $10 FIRST 4 PGS $1 CONSERVATORSHIP $10 FIRST 4 PGS $1 Only signature or Judge required CONTRACT/SALE $10 FIRST 4 PGS $1 Same as Bond for Title CONTRACT/SALE ASSIGNMENT $10 FIRST 4 PGS $1 CONTRACT/SALE CANCELLATION $10 FIRST 4 PGS $1 CONTRACT/SALE RELEASE $10 FIRST 4 PGS $1 COURT ORDER NO CHARGE Only signature of Judge required DEATH CERTIFICATE $10 FIRST 4 PGS $1 DEED $10 FIRST 4 PGS $1 $1.30 STATE AND .55 COUNTY TAX FOR EACH $500 OF CONSIDERATION Tax map number and grantee’s address required. Derivation clause not required for Quit Claim deed Affidavit of Consideration/Exemption is required unless waived by the Register LEASE $10 FIRST 4 PGS $1 LEASE TERMINATION $10 FIRST 4 PGS $1 MANUFACTURED HOME TITLE RETIREMENT $10 Copy of deed required to be attached MANUFACTURED HOME LIEN AFFIDAVIT $10 MANUFACTURED HOME SEVERANCE AFFIDAVIT $10 MANUFACTURED HOME SATISFACTION AFFIDAVIT $10 PLEDGE OF REAL ESTATE $10 FIRST 4 PGS $1 Completed form by Clerk of Court; copy of deed; Attorney Certification PLEDGE OF REAL ESTATE SAT $5 POWER OF ATTORNEY $15 FIRST 4 PGS $1 Military-record as presented; fee can be waived upon presentation of military orders; Health Care-no Probate or Acknowledgment POWER OF ATTORNEY REVOCATION $15 FIRST 4 PGS $1 Can be recorded with signature of principal, date and one witness on face of the original document REAL PROPERTY AGREEMENT SAT $10 FIRST 4 PGS $1 REAL PROPERTY AGREEMENT SUB $10 FIRST 4 PGS $1 AGREEMENT (RE MORTGAGE) $6 FIRST PAGE $1 MORTGAGE $10 FIRST 4 PGS $1 Address of Lender required MORTGAGE AFFIDAVIT $10 MORTGAGE ASSIGNMENT $6 FIRST PAGE $1 MORTGAGE MODIFICATION $6 FIRST PAGE $1 MORTGAGE RELEASE $6 FIRST PAGE $1 MORTGAGE SAT $5 Sign on the face of the original mortgage or use Lost Mortgage Affidavit form MORTGAGE SUBORDINATION RECISSION OF MTG SAT $6 FIRST PAGE $6 FIRST PAGE $1 $1 Pursuant to 29-3-345-complete form EASEMENTS AND RESTRICTIONS EASEMENTS AND RESTRICTIONS FEES EACH ADDITIONAL PAGE OTHER CHARGES/COMMENTS DECLARATION OF COVENANT $10 FIRST 4 PGS $1 EASEMENT $10 FIRST 4 PGS $1 $1.30 STATE AND .55 COUNTY TAX FOR EACH $500 OF CONSIDERATION Affidavit of Consideration/Exemption required unless waived by the Register EASEMENT CANCELLATION $10 FIRST 4 PGS $1 RESTRICTIONS $10 FIRST 4 PGS $1 RESTRICTIONS MODIFICATION $10 FIRST 4 PGS $1 RESTRICTIONS RELEASE $10 FIRST 4 PGS $1 RIGHT OF WAY $10 FIRST 4 PGS $1 $1.30 STATE AND .55 COUNTY TAX FOR EACH $500 OF CONSIDERATION Same as Easement PLATS PLATS FEES EACH ADDITIONAL PAGE OTHER CHARGES/COMMENTS LETTER OR LEGAL SIZE $5 Requires original signature of surveyor and a raised seal LARGER THAN LEGAL SIZE $10 Plats must be approved by proper jurisdictional authority prior to recording LIENS UCC PRICE CODE EACH ADDITIONAL PAGE OTHER CHARGES/COMMENTS UCC 1 $8 FOR 2 PGS $10 FOR 3 PGS $1 $2 EACH NAME MORE THAN TWO Box must be checked for real estate; Non real estate UCCs filed at Secretary of State’s office UCC 1 WITH MANUFACTURED HOME OR PUBLIC FINANCE TRANSACTION $20 Public Finance UCCs must be kept permanently; MH-30 years UCC 3 $8 FOR 2 PGS $10 FOR 3 PGS $1 $2 EACH NAME MORE THAN TWO UCC TERMINATION $8 FOR 2 PGS $10 FOR 3 PGS $1 $2 EACH NAME MORE THAN TWO TAX LIENS FEES EACH ADDITIONAL PAGE OTHER CHARGES/COMMENTS STATE TAX LIEN $10 FEDERAL TAX LIEN $10 TAX LIEN AMENDMENT NO CHARGE TAX LIEN RELEASE NO CHARGE TAX LIEN SATISFACTION NO CHARGE TAX LIEN SUBORDINATION NO CHARGE TAX LIEN WITHDRAWAL NO CHARGE EMPLOYMENT SECURITY LIEN $10 MECHANICS LIENS FEES EACH ADDITIONAL PAGE OTHER CHARGES/COMMENTS MECHANICS LIENS $10 FIRST 4 PGS $1 Requires a Statement of Accounting MECHANICS LIEN AFFIDAVIT NO CHARGE Can be recorded separate from Mechanics Lien MECHANICS LIEN BOND RELEASE $10 FIRST 4 PGS $1 Surety Bond: Amount of Bond and name of Surety Cash Bond: Cashier’s check payable to the County, 1.33 x amount of original lien, held until judge’s order or letter from attorney(s) to release funds MECHANICS LIEN RELEASE $6 FIRST PAGE $1 MECHANICS LIEN SATISFACTION $5 NOTICE/PROJECT COMMENCEMENT $15 Name of owner of the property and location of project; notary signature required; does not need witnesses AIRPLANE LIENS FEES EACH ADDITIONAL PAGE OTHER CHARGES/COMMENTS AIRPLANE LIEN $10 FIRST 4 PGS $1 AIRPLANE LIEN RELEASE $6 FIRST PG $1 AIRPLANE LIEN SATISFACTION $5 FAMILY COURT LIEN FEES EACH ADDITIONAL PAGE OTHER CHARGES/COMMENTS FAMILY COURT LIEN $10 FIRST 4 PGS $1 UNPAID ASSESSMENTS FEES EACH ADDITIONAL PAGE OTHER CHARGES/COMMENTS UNPAID ASSESSMENT $10 FIRST 4 PGS $1 UNPAID ASSESSMENT RELEASE $6 FIRST PG $1 UNPAID ASSESSMENT SAT $5 8.3 Procedures For Recording The procedures used to record documents in the office of the Register of Deeds are designed to provide adequate and immediate notice of interests in real or personal property to subsequent purchasers or creditors. The specific requirements are contained in the statutes, but in general consist of the following steps: Verification that the pre-requisites to recording have been met. NOTE: The recording pre-requisites are fairly simple: in order to be recorded, an instrument must be signed by the grantor, mortgagor, vendor, lessor or maker in the presence of two witnesses and taken before a notary. (See Section 8.3 for exceptions/additional requirements.) Beyond this, the degree of verification varies from county to county. Ultimately, it is up to the courts to determine the validity of any document. Note: All my TOAN Doc Collection of appropriate recording and documentary fees and notation on the instrument that the fees were paid. Entry on document of the date, hour and minute document was presented for filing. Assignment of a book and page location of the instrument. Note: After filing, the ROD must allow its land records to be inspected by the public. The documents are to bear a book and page number which indicate the recording location. Since instruments inspected by the public may be photocopies, microfilm, or digital images, the book and page number refers to the document location in either a book, a roll of microfilm, and/or a computer data base. Indices of the instruments are to be created to ease public inspection and they may be computer generated. Entry of recording upon proper indexes. Endorsement of a certificate on the instrument showing the date, book and page where recorded. Processing of the document into a permanent record, by photocopy, microfilm or digital imaging, and place conspicuously for public inspection. An original roll of security film must be created and deposited with the S.C. Department of Archives for all records. For more details, contact the Microfilm Lab at the S.C. Archives at 803-896-6209. Return of original instrument to recording party. Once the original instrument has been recorded, subsequent recordings such as satisfactions, assignments, cancellations and releases must be noted in the proper indexes and books so that notice of the current status of title in that property is evident. Willful violation/Misrep of Signature; of this requirement may result in fine or imprisonment sanctions. Tasks: Enter the word canceled, together with the signature of the officer, in the margin or across the names of the mortgagor and mortgagee in the indexes of real estate mortgages or chattel mortgages when the mortgage is canceled of record Or Maintain a separate index in which all cancellations and other releases are recorded. 8.4 Indices to be Maintained The Register of Deeds is required to maintain certain records in the office. For each type of record, one or more indexes must also be maintained to facilitate locating recorded documents. Specific statutory requirements for records include the following: Record of papers filed including names of grantor/Principal and grantee/Trustee, mortgagor/Principal and mortgagee/Trustee, obligor and obligee, date of filing and nature of the instrument. (§ 30-9-30) Record sets generally fall into eight categories: Grantor/Grantee – includes Deeds, Power of Attorney, Agreements Mortgagor/Mortgagee – includes Mortgages Mortgage Satisfaction/Release – includes all subsequent documents to an original mortgage Plat – includes all surveys of property Mechanics Liens – includes Mechanic’s Liens as well as subsequent recordings to original Tax Liens – includes all tax liens, State, Federal, Employment Commission liens as well as subsequent documents to the original such as Satisfactions, etc. Miscellaneous Liens/Unpaid Assessments – includes Homeowner Association liens and other miscellaneous liens as well as subsequent documents to the original UCCs – includes Uniform Commercial Code filings as well as all subsequent filings to the original such as UCC 3 and UCC Termination filings Separate indexes for different sets of records provided in the office. (§ 30-9-20) 8.4.1 Indexing Generally Although there are no statutes that speak to proper indexing of names for the Register of Deeds offices, each office should establish “rules” for indexing in order to maintain consistency both for employees of the office and for regular users. These should be posted in a conspicuous manner in the Register’s office. Following are suggested rules that can be conformed to meet the needs of each office and are based on Property Records Industry Association standards. INDEXING RULES The following indexing standards are effective as of _______ and are hereby adopted for the County of _________________, Register of Deeds office where proper indexing is vital for location of documents. SEARCHERS ARE ALWAYS ADVISED TO SEARCH ALL POSSIBLE VARIATIONS AND TO RELY UPON ACTUAL DOCUMENTS. ANY INDEXING PRIOR TO THE ABOVE DATE MAY NOT APPLY. Global Rules: Never change a name on a document. All signed names of parties on a document will be indexed. In the cases where signatures are not required or do not appear for various reasons (e.g. name of mortgagee), all human and organization names on the document will be indexed. In the case of a person unable to sign their full name and he or she makes an “X” or some other type of mark, the name typed under the mark will be indexed. Punctuation is never used with exceptions as noted. When indexing a Trustee, both the human and trust, church or organization name will be indexed. For example: Mary Smith, Trustee for the Smith Family Trust is indexed under SMITH MARY TRUSTEE (human name) and SMITH FAMILY TRUST (organization name). In the example: Mary Smith, Trustee for Trust B, Trust B will not be indexed. Human Name Rules: Compound names contain no hyphens. Hyphens are replaced with spaces so that Mary Sue Rogers-Johnson is indexed: first: MARY middle: SUE surname: ROGERS JOHNSON and will not be indexed under JOHNSON. In the case of Mary Sue Rogers Johnson (no hyphen) both Sue and Rogers will be indexed as middle names and Johnson will be indexed as the last name. All foreign names are assumed to have a given name (or names) and a surname. Thus, Ah Ho Chen is indexed, first: AH middle: HO surname: CHEN. Also, Hamid Al-Sarras is indexed: first: HAMID, surname: AL SARRAS. No foreign symbols or accent marks are used. The full name of the party is indexed as it appears on the document. No abbreviation will be used unless the names are abbreviated on the document. When the signature is legible/Nature of the Sign, the signature governs the indexing. When the signature is not legible/Not Proper Transfer, the printed or typed name under the signature governs the indexing. In a case where the typed name below the signature conflicts with the signature, index both ways. Note: Very Importa Surnames that begin with “Mc” such as McDonald and Mc Coy will be entered without spaces regardless of how the name appears on the document. One initial is considered a given name. Two initials are considered as two given names. Thus, M. L. Jones is entered: first: M middle: L surname: JONES. All titles such as Dr. or Rev. will be dropped. Suffixes such as Jr. or Sr. will be entered after the given name(s) or in the suffix field for computer systems that allow this type of search option. Organization Name Rules: Never convert a roman numeral to a number. Never spell out a number or numeral. And never convert a number that is spelled out. These will be entered as presented on the document. The, An and A are never indexed. These are dropped. Human names in an organization entry are not reversed. Thus, Carl Magnum, Inc. is entered: CARL MAGNUM INC. (Search under C) Steve Hendrix Builders is entered: STEVE HENDRIX BUILDERS (Search under S) Fractions in an organization name are separated by a slash (/). Thus, 7 5/8 Company is entered: 7 5/8 COMPANY. Organization names containing the words Mount, Mt., Saint or St. are entered as they appear on the document and are never converted to either the full or abbreviated form. 8.5 General Records Retention Schedules for County Records Purpose The schedules are designed to: • give county governments uniform guidelines for the retention and disposition of common records; • make sure counties retain for as long as necessary the records they will need for administrative, legal, fiscal, and other uses; • make sure counties retain records for as long as state and federal laws, regulations, policies, and procedures require; • promote the cost-effective management of records; • give counties the legal authorization they need to dispose regularly of their obsolete records. Definitions of schedules A records retention schedule describes one or several records series, shows the length of time the records should be retained, and indicates their final disposition. Schedules are of two types — specific and general. Specific Records Retention Schedules — these schedules are prepared and approved specifically for your county; your county’s name will appear on these. General Records Retention Schedules — these schedules are state regulations issued by the State Archives and are published in the Code of Laws of South Carolina 1976, as amended. When a general schedule applies to records already covered under a specific schedule, the general schedule will supersede the specific schedule unless you wish to opt out of using the general schedule. Explanation of micrographics terms used in retention schedules “Microfilm Optional” — Microfilm may be substituted for the original records IF the microfilm meets state standards (see R-12-200 of the Code of Laws of South Carolina, 1976, as amended). Before you destroy the originals, you must submit to the State Archives and have approved a Microfilm Quality Certification for Records Disposition form. “Permanent. Microfilm for security” — You cannot destroy the original records after microfilming. “Permanent. Microfilm” — You must microfilm records of permanent value that are on non-permanent media like computer tape and computer printouts to preserve the information they hold. And you must submit a Microfilm Quality Certification for Records Disposition form to the State Archives for approval before you destroy the non-permanent media those records are on. General Retention Schedule for County Records 12-500. Introduction and general matters; application of schedule. The following general schedules contain minimum records retention periods for the official copy of the records. These retentions and dispositions apply regardless of physical format, i.e., paper, microfilm, electronic storage, digital imaging, etc. Convenience, informational or duplicate copies are not governed by this regulation and may be destroyed when no longer needed for reference. To destroy records in accordance with this regulation, county governments must complete and submit a report of records destroyed form to the Department of Archives and History after eligible records have been destroyed. These forms are available from the Department’s Division of Archives and Records Management. Before disposing of public records under these general schedules, county governments should insure that the records have no further audit, legal, or fiscal value. These general schedules supersede all schedules approved previously for the same records series. However, county governments may opt out of these general schedules and request the continuing use of existing schedules or the establishment of specific retention schedules for their records when appropriate, necessary, or in order to avoid conflict with other laws or regulations. 12-501.1. Grantor and Grantee Index to Conveyances A. Description: A finding aid to instruments in the conveyance book series. Information includes name of grantee and grantor, book and page number where document is recorded, day and year of execution, month, day and year of recordation, number of acres or lots and a description of the land. B. Retention: Permanent. Microfilm for security. 12-501.2. Conveyances (Deeds, Titles to Real Estate) A. Description: Documents real property transactions plus infrequent entries involving personal property. Information includes grantor, grantee, location and description of land, monetary consideration, encumbrances (if any), signature of grantor, notary, and witnesses (or facsimiles thereof), date recorded, and plats (where applicable). B. Retention: Permanent. Microfilm for security. 12-501.3. Mortgagor and Mortgagee Index to Real Estate Mortgages A. Description: A finding aid to instruments in the real estate mortgage book series. Information includes name of mortgagee and mortgagor, book and page number where document is recorded, and the date. B. Retention: Permanent. Microfilm optional. 12-501.4. Real Estate Mortgages and Satisfactions A. Description: Records the transfer of property, serving as a security for a debt which becomes void when the debt is paid according to the terms of the mortgage. Information includes name of mortgagor and mortgagee, description of the property, date of instrument, date of recording and satisfaction of mortgage (where applicable). B. Retention: Permanent. Microfilm optional. 12-501.5. Index to Plats A. Description: A finding aid to plats. Information includes name of owner and surveyor, date filed, date surveyed, volume and page number, property location, description, map number. B. Retention: Permanent. Microfilm for security. General Records Retention Schedules for County Records 12-501.6. Plats A. Description: Documents the legal survey and mapping of lands for grants and conveyances. Information includes location, boundaries and divisions, date of survey, certificate of surveyor, scale, property owners, date of recording, and plat. B. Retention: Permanent. Microfilm for security. 12-501.7. Index to Miscellaneous Records A. Description: A finding aid to instruments in the miscellaneous record series. Information includes name of party, book and page number. B. Retention: Permanent. Microfilm optional. 12-501.8. Miscellaneous Records A. Description: Various instruments filed with the office, including charters, contracts, options, agreements, powers of attorney, covenants/Declaration of Faith;, articles of association, articles of mergers between corporations, notices of forthcoming mergers, assignments of contract to mortgages, limited partnership agreements, and notices of intent to petition. B. Retention: Permanent. Microfilm optional. 12-501.9. Index to Uniform Commercial Code Financing Statements. A. Description: A finding aid for liens on personal property under the Uniform Commercial Code adopted for South Carolina as of January 1968. Information includes name of debtor, date of personal debt, date of maturity, character of debt, and description of personal property pledged. B. Retention: 1 year after all entries have been terminated or lapsed, then destroy. 12-501.10. Uniform Commercial Code Financing Statements A. Description: Original papers recording liens on personal property under the Uniform Commercial Code adopted for South Carolina as of January 1968. These replace chattel mortgages. Information includes file number, debtor’s name and address, secured party, filing date, time, and number, and officer, types of property covered, signature of party and signature of clerk. B. Retention: (1) Financing statements where transmitting utility is the debtor: 1 year after termination statement has been filed, then destroy. If a microfilm or other photographic record of the financing statement and any related statements (continuation, assignment, release) exist, originals may be destroyed immediately after receipt of termination statement. Microfilm or other photographic records may then be destroyed one year after termination statement has been filed. (2) Other financing statements: 1 year after statement has lapsed or termination statement has been filed, then destroy. If a microfilm or other photographic record of the financing statement and any related statements (continuation, assignment, release) exist, originals may be destroyed immediately after statement has lapsed or after receipt of termination statement. Microfilm or other photographic records may then be destroyed one year after statement has lapsed or termination statement has been filed. 12-501.11. Charters A. Description: Consists of information on charters which have been recorded in the office of the Secretary of State. Information includes name of organization, incorporators, date, place of activities, Capital, stock, increases in capital stock and cancellations. B. Retention: Permanent. Microfilm optional. General Records Retention Schedules for County Records 12-501.12. Chattel Mortgages and Indexes A. Description: Defunct series containing original papers recording liens on personal property by chattel mortgages. Information includes debtor’s/P&T ; name and address/State Dept, secured party, filing date, time, number, officer, types of property covered, signature of party, signature of notary. These have been replaced by Uniform Commercial Code Financing Statements. B. Retention: (1) Records concerning chattel mortgages for rural electric cooperatives and Public Service Commission regulated utilities: Until termination statement is filed, then destroy. (2) Other records: Destroy. 12-501.13. Index to Federal Tax Liens A. Description: Finding aid to federal tax liens. Information includes name of taxpayer, address of taxpayer, date of filing, hour of filing, and amount of tax with interest. B. Retention: Permanent. Microfilm optional. 12-501.14. Federal Tax Liens A. Description: Standard forms filed in the office against personal property as a means of collecting delinquent federal taxes. Information includes period ending, type and amount of taxes owed, amount of penalty, amount of interest, total taxes, name/address of taxpayer, warrant number, date of notice and demand, date signed, and signature of tax official. B. Retention: 10 years and 30 days after date of assessment or last extension, whichever is longer, then destroy. 12-501.15. Index to State Tax Liens A. Description: Finding aid to state tax liens. Information includes name of taxpayer, address of taxpayer, date of filing, hour of filing, and amount of tax with interest. B. Retention: 10 years, then destroy. 12-501.16. State Tax Liens A. Description: Standard forms filed in the office against personal property as a means of collecting delinquent state taxes. Information includes period ended, type and amount of taxes owed, amount of penalty, interest, total tax, name/address of taxpayer, warrant number, date of notice and demand, date assigned, and signature of tax official. B. Retention: 10 years, then destroy. 12-501.17. Index to Mechanics Liens A. Description: Serves as the principal finding aid for locating mechanics liens. Information includes name of plaintiff, name of defendant, and file number. B. Retention: 10 years after final entry has been executed, discharged, released, or dissolved, then destroy. 12-501.18. Mechanics Liens A. Description: Records transcripts of mechanics’ and contractor’s claims filed as statutory liens on property to secure payment of debt for materials or labor used thereon. Information includes name of defendant, name of plaintiff, description of lien, recording date and time, book numbers and page number. B. Retention: 10 years after final judgment to execute the lien, discharge, release or dissolution has been entered upon the registry, then destroy. 8.6 SC Department of Revenue (“SCDOR”) Deed Recording Fees Overview and Summary SC Code Section 12-24-10 imposes a “deed recording fee” formerly known as documentary tax, on the recording of a deed in which any lands and all improvements on the land, tenements, or other realty is transferred to another person. The deed recording fee is one dollar and eighty-five cents for each five hundred dollars, or fractional part of five hundred dollars, of the realty’s “value” as determined by Section 12-24-30. (State portion $1.10 – County portion - $0.55) The general exception is an instrument or a deed conveying property to a distributee of a decedent’s estate pursuant to Section 62-3-907. The Deed Recording Fee is to be collected by the Register of Deeds (“ROD”) in each county or by the Clerk of Court (“COC”) for counties in which there is no separate ROD. The amount collected must be noted on the instrument prior to photocopying, microfilming, or scanning. Three percent of the State’s portion is allowed as compensation to the collection-county if fees and return are remitted to the “SCDOR” by the 20th of each month. State fees are to be remitted to the State. County fees are to be deposited into the general fund of the County. State payment is to be remitted to: SC Department of Revenue Miscellaneous Tax Section Columbia, SC 29214-0139 Or, by using an electronic funds transfer method. Please be advised that Deed Recording Fee Return (form L-2125) is due to the SCDOR by the 20th of each month even if an electronic funds transfer is made. All records of collection must be maintained in-office for a period of five years. Recording instruments without meeting the prescribed requirements may carry penalties pursuant to SC 12-24-120. Overview of specifics regarding calculation and exemptions of the “Deed Recording Fee” “Value” is defined for the purpose of deed recording fee calculation, as the consideration paid or to be paid in money or in money’s worth for realty including other realty, personal property, stocks, bonds, partnership interest, and other tangible property, the forgiveness or cancellation of a debt, assumption of a debt, and surrendering of a right. The fair market value of the consideration must be used in calculating the consideration paid in money’s worth. The fair market value of the realty may be used to determine the fair market value of the consideration. A deduction from value is allowed for any encumbrance that remains on the property after the transfer. The fair market value determined for County tax purposes may be used to determine fair market value for deed recording fee purposes. Below is a list of exemptions to the deed recording fee provided for by the SCDOR. For more detailed information or further explanation, please refer to the South Carolina Department of Revenue Deed Recording Fee Manual (2007 Edition) at sctax.org or by calling the SCDOR Deed Recording Fee representative at (803) 896-1970. Code Section 12-24-40 provides several exemptions from the fee and reads: Exempted from the fee imposed by this chapter are deeds: (1) Transferring realty in which the value of the realty, as defined in Code Section 12-24-30, is equal to or less than one hundred dollars; (2) Transferring realty to the federal government or to a state, its agencies and departments, and its political subdivisions, including school districts; (3) That are otherwise exempted under the laws and Constitution of this State or of the United States; (4) Transferring realty in which no gain or loss is recognized by reason of Section 1041 of the Internal Revenue Code as defined in Section 12-6-40(A)2; (5) Transferring realty in order to partition realty as long as no consideration is paid for the transfer other than the interests in the realty that are being exchanged in order to partition the realty; (6) Transferring an individual grave space at a cemetery owned by a cemetery company licensed under Chapter 55 of Title 39; (7) That constitutes a contract for the sale of timber to be cut; (8) transferring realty to a corporation, a partnership, or a trust as a stockholder, partner, or trust beneficiary of the entity or so as to become a stockholder, partner, or trust beneficiary of the entity as long as no consideration is paid for the transfer other than stock in the corporation, interest in the partnership, beneficiary interest in the trust, or the increase in value in such stock or interest held by the grantor. However, except for transfers from one family trust to another family trust without consideration, the transfer of realty from a corporation, a partnership, or a trust to a stockholder, partner, or trust beneficiary of the entity is subject to the fee, even if the realty is transferred to another corporation, a partnership or trust; (9) Transferring realty from a family partnership to a partner or from a family trust to a beneficiary, as long as no consideration is paid for the transfer other than a reduction in the grantee’s interest in the partnership or trust. A “family partnership” is a partnership whose partners are all members of the same family. A “family trust” is a trust, in which the beneficiaries are all members of the same family. “Family” means the grantor, the grantor’s spouse, parents, grandparents, sisters, brothers, children, stepchildren, grandchildren, and the spouses and lineal descendants of any of them, and the grantor’s and grantor’s spouse’s heir under a statute of descent and distribution. A “family partnership” or “family trust” also includes charitable entities, other family partnerships and family trusts of the grantor, and charitable remainder and charitable lead trusts, if all the beneficiaries are charitable entities or members of the grantor’s family. A “charitable entity” means an entity which may receive deductible contributions under Section 170 of the Internal Revenue Code as defined in Section 12-6-40(A); (10) Transferring realty in a statutory merger or consolidation from a constituent corporation to the continuing or new corporation; (11) Transferring realty in a merger or consolidation from a constituent partnership to the continuing or new partnership; and, (12) That constitutes a corrective deed or a quitclaim deed used to confirm title already vested in the grantee, provided that no consideration of any kind is paid or is to be paid under the corrective or quitclaim deed. (13) Transferring realty subject to a mortgage to the mortgagee whether by a deed in lieu of foreclosure executed by the mortgagor or deed executed pursuant to foreclosure proceedings. (14) Transferring realty from an agent to the agent’s principal in which the realty was purchased with funds of the principal, provided that a notarized document is also filed with the deed that establishes the fact that the agent and principal relationship existed at the time of the original purchase as well as for the purpose of purchasing the realty. (15) transferring title to facilities for transmitting electricity that is transferred, sold, or exchanged by electrical utilities, municipalities, electric cooperatives, or political subdivisions to a limited liability company which is subject to regulation under the Federal Power Act (16 U.S.C. Section 791(a)) and which is formed to operate or to take functional control of electric transmission assets as defined in the Federal Power Act; Based on the above, the deed recording fee is imposed for the privilege of recording a deed based on the transaction of transferring realty from one person to another person. When the consideration paid for realty is money, the deed recording fee is based on the money paid. When the consideration paid for realty is “money’s worth” (e.g. other realty, stocks, forgiveness of debt), then the taxpayer must base the deed recording fee upon one of the following: (a) the fair market value of the consideration paid, (b) the fair market value of the realty being transferred, or (c) the fair market value for property tax purposes of the realty being transferred. When the realty is being “transferred between a corporation, a partnership, or other entity and its stockholder, partner, or owner, or the realty is being “transferred to a trust or as a distribution to a trust beneficiary,” then the taxpayer must base the deed recording fee upon one of the following: (a) the fair market value of the realty being transferred, or (b) the fair market value for property tax purposes of the realty being transferred. It should also be noted that a “deduction from value is allowed for the amount of any lien or encumbrance existing on the land, tenement, or realty before the transfer and remaining on the land, tenement, or realty after the transfer.” As such, when the fair market value of the realty being transferred is used to calculate the fee, the value of the lien or encumbrance qualifying for this deduction may be deducted from the realty’s fair market value before calculating the deed recording fee due. Affidavit of Value: Pursuant to SC 12-24-70, “the clerk of court or register of deeds shall require an affidavit showing the value of the realty to be filed with a deed.” An affidavit to be filed with a deed and that affidavit must show the value of the realty. For deeds exempt under the law, the value will not be required to be stated on the affidavit. Such affidavits must state the reason why the deed is exempt from the fee. The affidavit required by this section must be signed by a responsible person connected with the transaction and the affidavit must state that connection. Secretaries, paralegals, runners, other administrative personnel do not qualify as a “responsible person connected with the transaction” and, therefore, may not sign the affidavit. The clerk of court or register of deeds shall file these affidavits in his office. The clerk of court or register of deeds may, at his discretion, waive the affidavit requirement. In addition, 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 distributees title.” A person required to furnish the affidavit who willfully 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. Refund Procedures: The following outlines the procedure for seeking a refund when a taxpayer believes he has overpaid the deed recording fee with respect to a particular deed. The new deed recording fee requires that each deed have a notation placed upon it by the Clerk of Court or the Register of Deeds (“ROD”). This notation must include the date the deed was filed, the fee collected, and any other information the county may require. The notation must state “Exempt” if the transaction falls within one of the exemptions provided under Code Section 12-24-40. If a taxpayer seeks a refund of any fee paid, the following procedure must be followed: The original deed and the original affidavit (if the requirement for the affidavit has not been waived by the clerk or register) must be presented to the Clerk of Court or ROD. The Clerk or ROD will verify that the notation on the deed is the notation placed on the deed by the Clerk or ROD. The Clerk or ROD will then sign a letter or form verifying that the notation is authentic and present this to the taxpayer. The taxpayer should then forward the original deed, the original affidavit and the notation verification letter or form to the Department of Revenue. The taxpayer should also include a cover letter requesting the refund and containing all information required by Code Section 12-60-470. All refund requests for deed recording fees should be mailed to: SC Department of Revenue Miscellaneous Taxes P.O. Box 125 Columbia, South Carolina 29214 All refund requests received without the notation verification letter or form will be sent back to the taxpayer with a letter stating that the notation must first be verified by the Clerk or ROD and that the refund request must contain the verification letter or form. Refunds will also not be issued unless the Department receives the original deed and the original affidavit (unless the requirement for the affidavit has been previously waived by the Clerk or ROD). 3. If a refund is due, the Department will refund the State portion to the taxpayer and issue an order to the Clerk or ROD to refund the taxpayer the county portion of the fee. The Clerk or ROD should not issue a refund for the county portion of the fee unless they have received a refund order from the Department of Revenue. The Department, prior to returning the original deed and other documentation to the taxpayer, will note on the deed the date of the refund and the amount of the refund issued/ordered. 4. If the Department determines a refund is not due, the Department will advise the taxpayer. The taxpayer may appeal this denial of the refund under the provisions of Code Sections 12-60-470 and 12-24-150. It is recommended that copies of this refund procedure be made available to taxpayers seeking a refund and/or posted at the office of the ROD or Clerk of Court. © 2000-2014 South Carolina Judicial Depart The difference between a Civil Law Notary and a Notary Public By Henry Parisius LL.M., Civil Law Notary on Sint Maarten A Noticeable Difference A Civil Law Notary is not to be confused with a Notary Public known in most states of the USA and Canada (the countries of origin of many of our clients). Although both positions are often referred to as “notary”, there is a distinct difference between the two. In Civil Law Countries such as The Netherlands and The Dutch Caribbean (which last country consists of the islands of Sint Maarten, Sint Eustatius, Saba, Bonaire and Curacao) with the term notary always is meant a Civil Law Notary. In the USA, with the exception of the states of Louisiana and Puerto Rico, the term notary refers to a Public Notary(also called Public Notary). The same applies for in Canada, with the exception of the provinces of Quebec and British Columbia and for many other Common Law Countries in the world. Netherlands Antilles Civil Law Notaries Qualifications and available Positions In order to become a Civil Law Notary one must possess a Master of Law degree with a specialization in Notariate Law from The University of the Dutch Caribbean or from a University in TheNetherlands. The law establishes a maximum number of positions for each island of The Dutch Caribbean: 10 positions on Curacao, 2 on Bonaire, 3 on Sint Maarten and 1 for the islands of Sint Eustatius and Saba together. Appointment When a position becomes available, qualified Candidate Civil Law Notaries, with at least three years working experience in the Netherlands Antilles, may apply for the position based on announcements made thereto in the local newspapers. Dutch nationality and a certificate of good conduct are additional requirements. The Common Court of Justice of The Netherlands Antilles and Aruba (“the Court of Justice”) is by law charged with interviewing, selecting and making recommendations, whereupon the Governor of the Dutch Caribbean, representing the Crown, appoints the Civil Law Notary for life with mandatory retirement at the age of 65 years. Swearing-in The newly appointed Civil Law Notary can only exercise his profession after having been sworn-in by a judge, whereby he pledges to carry out his duties honestly, impartially, accurately and with due observance of the confidentiality that the law imposes on Civil Law Notaries .Therefore, unlike an attorney, when performing his duties the Civil Law Notary is obliged to be independent and impartial to the parties concerned. Services Dutch Caribbean law stipulates that when called upon, the Civil Law Notary is obligated to render service, unless providing the requested service would constitute an immoral or illegal act. The services rendered by a Civil Law Notary concern Property Law, Persons & Family Law, Succession/Estate Law and Corporate Law, comprising amongst others: Preparing and executing deeds having probative value and executory force Explaining the nature and content of the deeds and contracts Performing Title Searches Preparing Sale & Purchase Agreements; Preparing and executing Transfer Deeds and Mortgage Deeds; Preparing and executing Deeds of creation of Condominium Rights; Preparing and executing Deeds of Issuance of Rights of Long Lease, Rights of Superficies, Rights of Usufruct and establishing Easements Causing certain deeds to be inscribed in the Public Registers Issuance of authenticated copies of the executed notarial deeds Incorporation of Legal Entities such as limited Liability Companies, Foundations, Private Fund Foundations and Associations; Filing documentation of Legal Entities with the Chamber of Commerce & Industry Preparation of Share Transfer Instruments Providing legal advice including rendering Legal Opinions Preparing and executing deeds of Last Will and Testament Partition and Division of Estates Acting as a Mediator Acting as an Escrow Agent Performing Basic Services as Authenticating Signatures and other Verifications Taking Oaths and witnessing Affidavits Safe Keeping of the Notarial Protocol, which comprises archives containing all the original executed deeds, card systems, including those of his predecessors. The Notarial Protocol is official State property. Tariffs Although the Civil Law Notary is a public servant, he is not employed and not on the pay-roll of the State Government, whereas his fees are paid by the clients. Nearly all tariffs for the work that a Civil Law Notary performs are established by the Court of Justice. The Candidate Civil Law Notary A Candidate Civil Law Notary is a person who works at the notary office and who is subject to the same educational and other requirements that are applicable for Civil Law Notaries. Having gained sufficient experience, the Candidate Civil Law Notary usually performs the same duties as the Civil Law Notary, except passing notarial deeds. With three years working experience at a notary office in the Dutch Caribbean, the Candidate Civil Law Notary can be appointed to deputize for the Civil Law Notary. Such deputizing is only allowed when specifically appointed thereto by the President of the Court of Justice for a specified period of time. During the deputizing period the Candidate Civil Law Notary has full authority, whereas the Civil law Notary will not be allowed to perform any notarial duties. Notary Public A Notary Public in the United States and in Canada has powers and qualifications that are far more limited than those of Civil Law Notaries. In these countries a Notary Public is not allowed to prepare legal documents or give legal advice; for these services one will have to engage an attorney. The task of such a Notary Public is usually restricted to performing the following services: Administering oaths, and affirmations Taking acknowledgments Authenticating signatures Witnessing and authenticating the execution of certain official documents such as powers of attorney, declarations, affidavits and other verifications. Difference Between Affidavit and Notary Affidavit vs Notary There are many situations in life when one needs legal documents to support his claims. Often there is a necessity of an affidavit when a person is trying to obtain legal certificates such as driver’s license, telephone connection, or when buying or selling a property. This is a document that contains facts or information believed to be true and correct by the person and gets legal force when it is signed by a public notary. However, there are many who cannot differentiate between a notary and an affidavit. This article will highlight these differences for the benefit of the readers. Affidavit What do you do when you move to a new place and require a gas connection but do not have an address proof to submit to the gas company? This, and scores of such circumstances require you to buttress your claim through a legal document that certifies the claims made by you. This is where an affidavit comes handy. It is a document that contains facts and information you believe to be true and becomes legal when you sign it in the presence of a legal authority known as a notary or an oaths commissioner. Notary A notary is a person who has legal qualifications and is authorized to perform in legal matters, especially those that are not contentious and merely require him to certify the claims made by common people, acting as a witness and giving his stamp of approval. A notary is in legal profession just like attorneys though he has somewhat lesser credentials and powers than a full fledged lawyer. There are different nomenclatures in different countries who perform the role of a verifying officer. In many countries, he is known as a notary public while in other places he is also referred to as a Signing Agent. In brief: Difference Between Affidavit and Notary • You require the services of a notary when you need an affidavit • A notary is a legal person authorized to verify the claims made by people in the form of a legal document called affidavit
Posted on: Sun, 19 Oct 2014 16:16:45 +0000
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