South Carolina Code of Laws
Chapter 3 - Mortgages And Deeds Of Trust Generally
Section 29-3-320. Liability for failure to enter satisfaction.

Any holder of record of a mortgage having received such payment, satisfaction, or tender as aforesaid who shall not, by himself or his attorney, within three months after such certified mail, or other form of delivery, with a proof of delivery, request and tender of fees of office, repair to the proper office and enter satisfaction as aforesaid shall forfeit and pay to the person aggrieved a sum of money not exceeding one-half of the amount of the debt secured by the mortgage, or twenty-five thousand dollars, whichever is less, plus actual damages, costs, and attorney's fees in the discretion of the court, to be recovered by action in any court of competent jurisdiction within the State. And on judgment being rendered for the plaintiff in any such action, the presiding judge shall order satisfaction to be entered on the judgment or mortgage aforesaid by the clerk, register, or other proper officer whose duty it shall be, on receiving such order, to record it and to enter satisfaction accordingly.
Notwithstanding any limitations under Sections 37-2-202 and 37-3-202, the holder of record of the mortgage may charge a reasonable fee at the time of the satisfaction not to exceed twenty-five dollars to cover the cost of processing and recording the satisfaction or cancellation. If the mortgagor or his legal representative instructs the holder of record of the mortgage that the mortgagor will be responsible for filing the satisfaction, the holder of the mortgage shall mail or deliver the satisfied mortgage to the mortgagor or his legal representative with no satisfaction fee charged.
HISTORY: 1962 Code Section 45-62; 1952 Code Section 45-62; 1942 Code Section 8704; 1932 Code Section 8704; Civ. C. '22 Section 5225; Civ. C. '12 Section 3461; Civ. C. '02 Section 2376; G. S. 1792; R. S. 1895; 1817 (6) 61; 1999 Act No. 67, Section 2.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 29 - Mortgages and Other Liens

Chapter 3 - Mortgages And Deeds Of Trust Generally

Section 29-3-10. Rights and title of mortgagor and mortgagee.

Section 29-3-20. Prior mortgages may be redeemed by second mortgagees.

Section 29-3-30. Mortgagee may pay taxes.

Section 29-3-40. Priority of certain advancements by mortgage.

Section 29-3-50. Mortgage for future advances; mortgage or lien on property held by gas or electric utility or electric cooperative.

Section 29-3-70. Limitation on requirement of casualty insurance by mortgagee.

Section 29-3-80. Effect of recording of mortgage or other instrument by gas or electric utility or electric cooperative; after-acquired property; notice.

Section 29-3-90. Description of property interests of gas or electric utility or electric cooperative.

Section 29-3-100. Validity of certain assignments of rents, issues, or profits.

Section 29-3-310. Request for entry of satisfaction.

Section 29-3-320. Liability for failure to enter satisfaction.

Section 29-3-330. Methods of satisfaction or release of security interest; affidavit.

Section 29-3-340. Certificate of satisfaction.

Section 29-3-345. Document of rescission.

Section 29-3-350. Entry of cancellation on indexes.

Section 29-3-360. Application for rule to show cause why satisfaction must not be entered.

Section 29-3-370. Proceedings where rule to show cause issues.

Section 29-3-380. Submission to jury to decide whether mortgage paid.

Section 29-3-390. Alternative procedure for rule to show cause against satisfaction.

Section 29-3-400. Entry in index to lis pendens.

Section 29-3-410. Issuance of rule to show cause; service of rule.

Section 29-3-420. Service by publication on certain parties.

Section 29-3-430. Order to cancel mortgage or release lien upon failure to show sufficient cause.

Section 29-3-440. Persons on whom satisfaction by order of court is binding.

Section 29-3-450. Cumulative nature of foregoing sections.

Section 29-3-460. Abatement of notice of lis pendens.

Section 29-3-470. Release of portion of mortgaged premises.

Section 29-3-610. Personal representative of deceased mortgagor as party.

Section 29-3-620. Mortgagor as party.

Section 29-3-625. Expedited mortgage foreclosures for abandoned property.

Section 29-3-630. Debt secured must be established before sale by mortgagee.

Section 29-3-640. Time within which mortgagor's consent to amount of debt is valid to allow sale by mortgagee.

Section 29-3-650. Court may render judgment and order sale at same time.

Section 29-3-660. Deficiency judgment.

Section 29-3-670. Deficiency shall not be extinguished on purchase by mortgagee.

Section 29-3-680. Application for order of appraisal.

Section 29-3-690. Extension of time for filing for appraisal.

Section 29-3-700. Order for appraisal.

Section 29-3-710. Appointment of appraisers.

Section 29-3-720. Appraisal of the mortgaged property.

Section 29-3-730. Effect of failure of appraisers to agree.

Section 29-3-740. Return of appraisers; effect of return on deficiency judgment.

Section 29-3-750. Appeal from return of appraisers.

Section 29-3-760. Compensation and costs of appraisers and clerk.

Section 29-3-770. Application of appraisal provisions to present and future mortgages.

Section 29-3-780. Entry of release of mortgage on land sold in foreclosure sale.

Section 29-3-790. Form of release of lien.

Section 29-3-800. Foreclosure of liens; boundary clarification.