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Current Status Bill Number:View additional legislative information at the LPITS web site.1057 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20000120 Primary Sponsor:Rankin All Sponsors:Rankin Drafted Document Number:l:\s-res\lar\010deed.whb.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Deeds or other written instruments, recording prerequisites; Property, Courts, Probate court, Trusts and Estates History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000120 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 30-5-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES TO RECORDING A DEED OR OTHER INSTRUMENT IN THIS STATE, SO AS TO PROVIDE THAT A STATEMENT, EITHER TYPED IN UNDERLINED CAPITAL LETTERS OR RUBBERSTAMPED, ACCURATELY DESCRIBING THE CONTENTS AND EFFECT OF EACH DOCUMENT MUST BE PROMINENTLY DISPLAYED ON THE FIRST PAGE OF ANY DOCUMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 30-5-30 of the 1976 Code, as last amended by Act 382 of 1994, is further 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). Any such deed or instrument must also contain a statement as described in (D) of 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 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:
__________ 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).
(D) A deed or other instrument or writing may not be recorded in this State unless it prominently bears a statement on its first page, either rubberstamped or typed in underlined capital letters, accurately describing the contents and effect of the deed or other instrument or writing, (e.g. Right of First Refusal, Option to Purchase, Contract to Deed, etc)."
SECTION 2. This act takes effect upon approval by the Governor and applies to all deeds or other instruments in writing executed after December 31, 2000.
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