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Chapter 1 - General Provisions
Section 29-1-10. Lien on real estate of no force after twenty years; exception for acknowledged debt or payment on account; lien on property interest held by gas or electric utility or electric cooperative. - No mortgage or deed having the effect of a mortgage...
Section 29-1-20. Right of tenant in common or cotenant to purchase real estate at sale for enforcement of lien. - A tenant in common or cotenant may purchase real property...
Section 29-1-30. Wilful sale of property on which lien exists. - Any person who shall wilfully and knowingly sell and convey...
Section 29-1-40. Validation of certain mortgages. - All mortgages given prior to March 9, 1928 by any...
Section 29-1-50. Unlawful use of dual contracts to induce loan commitment on real property. - It shall be unlawful for any person to knowingly make,...
Chapter 3 - Mortgages And Deeds Of Trust Generally
Section 29-3-10. Rights and title of mortgagor and mortgagee. - No mortgagee shall be entitled to maintain any possessory action...
Section 29-3-20. Prior mortgages may be redeemed by second mortgagees. - If it so happen there be more than one mortgage...
Section 29-3-30. Mortgagee may pay taxes. - Any person holding a lien by way of, or an...
Section 29-3-40. Priority of certain advancements by mortgage. - The holder of any mortgage of real property, when the...
Section 29-3-50. Mortgage for future advances; mortgage or lien on property held by gas or electric utility or electric cooperative. - (A) Any mortgage or other instrument conveying an interest in...
Section 29-3-70. Limitation on requirement of casualty insurance by mortgagee. - A bank, savings and loan association, financial institution, mortgage company,...
Section 29-3-80. Effect of recording of mortgage or other instrument by gas or electric utility or electric cooperative; after-acquired property; notice. - Any mortgage or other instrument executed by a gas or...
Section 29-3-90. Description of property interests of gas or electric utility or electric cooperative. - (A) Any real property or real property interests, including, without...
Section 29-3-100. Validity of certain assignments of rents, issues, or profits. - (A) For purposes of this section the following definitions apply:...
Section 29-3-310. Request for entry of satisfaction. - Any holder of record of a mortgage who has received...
Section 29-3-320. Liability for failure to enter satisfaction. - Any holder of record of a mortgage having received such...
Section 29-3-330. Methods of satisfaction or release of security interest; affidavit. - (A) In this section these words shall have the following...
Section 29-3-340. Certificate of satisfaction. - The recording officer or his deputy shall enter on the...
Section 29-3-345. Document of rescission. - (A) In this section, "document of rescission" means a document...
Section 29-3-350. Entry of cancellation on indexes. - All registers of deeds and all clerks of court in...
Section 29-3-360. Application for rule to show cause why satisfaction must not be entered. - Any person who is indebted by mortgage on real estate...
Section 29-3-370. Proceedings where rule to show cause issues. - Such judge shall grant such rule, returnable on a day...
Section 29-3-380. Submission to jury to decide whether mortgage paid. - If, on the return of the rule, it shall appear...
Section 29-3-390. Alternative procedure for rule to show cause against satisfaction. - When the debt or any other obligation secured by any...
Section 29-3-400. Entry in index to lis pendens. - Upon the filing of the petition in the office of...
Section 29-3-410. Issuance of rule to show cause; service of rule. - Upon the filing of such petition, the court or judge...
Section 29-3-420. Service by publication on certain parties. - If (a) the mortgagee or any of his pledgees or...
Section 29-3-430. Order to cancel mortgage or release lien upon failure to show sufficient cause. - If the parties so served with the petition and rule...
Section 29-3-440. Persons on whom satisfaction by order of court is binding. - Such satisfaction and cancellation of the mortgage or release of...
Section 29-3-450. Cumulative nature of foregoing sections. - Sections 29-3-390 to 29-3-440 shall not be taken or deemed...
Section 29-3-460. Abatement of notice of lis pendens. - The court in which the action or special proceeding was...
Section 29-3-470. Release of portion of mortgaged premises. - Nothing provided in this title prevents the release of a...
Section 29-3-610. Personal representative of deceased mortgagor as party. - It shall not be necessary to make the personal representative...
Section 29-3-620. Mortgagor as party. - It shall not be necessary to make a mortgagor who...
Section 29-3-625. Expedited mortgage foreclosures for abandoned property. - (A) For the purposes of this section, "abandoned property" means...
Section 29-3-630. Debt secured must be established before sale by mortgagee. - No sale under or by virtue of any mortgage or...
Section 29-3-640. Time within which mortgagor's consent to amount of debt is valid to allow sale by mortgagee. - The consent of the mortgagor to the amount of the...
Section 29-3-650. Court may render judgment and order sale at same time. - The court may also render judgment against the parties liable...
Section 29-3-660. Deficiency judgment. - In actions to foreclose mortgages the court may adjudge and...
Section 29-3-670. Deficiency shall not be extinguished on purchase by mortgagee. - When any sale of land is made under the circumstances...
Section 29-3-680. Application for order of appraisal. - (A) In any real estate foreclosure proceeding a defendant against...
Section 29-3-690. Extension of time for filing for appraisal. - The time provided by Section 29-3-680 for filing the petition...
Section 29-3-700. Order for appraisal. - Upon the filing of such petition and deposit with the...
Section 29-3-710. Appointment of appraisers. - In his petition the petitioner shall designate one appraiser and...
Section 29-3-720. Appraisal of the mortgaged property. - The board of appraisers as so constituted shall proceed to...
Section 29-3-730. Effect of failure of appraisers to agree. - If a majority of the board shall not agree and...
Section 29-3-740. Return of appraisers; effect of return on deficiency judgment. - The return of the appraisers shall be filed and recorded...
Section 29-3-750. Appeal from return of appraisers. - The petitioner or the judgment creditor may appeal from the...
Section 29-3-760. Compensation and costs of appraisers and clerk. - The appraisers shall be paid two dollars each for their...
Section 29-3-770. Application of appraisal provisions to present and future mortgages. - The provisions of Sections 29-3-680 to 29-3-760, which are intended...
Section 29-3-780. Entry of release of mortgage on land sold in foreclosure sale. - Upon confirmation of the circuit court of the report of...
Section 29-3-790. Form of release of lien. - The release, cancellation, and satisfaction of lien required under Section...
Section 29-3-800. Foreclosure of liens; boundary clarification. - (A) For the counties of this State bordering North Carolina,...
Chapter 4 - Reverse Mortgages
Section 29-4-10. Short Title. - This chapter may be cited as the South Carolina Reverse...
Section 29-4-20. Reverse Mortgage defined. - As used in this chapter "reverse mortgage" means a nonrecourse...
Section 29-4-30. Rules governing reverse mortgage loans. - Reverse mortgage loans are governed by these rules, without regard...
Section 29-4-40. Reverse mortgage loans authorized without regard to certain provisions for other types of mortgage transactions. - Reverse mortgage loans may be made or acquired without regard...
Section 29-4-50. Treatment of loan payments and undisbursed funds for purposes of means-tested programs. - (A) Reverse mortgage loan payments made to a borrower must...
Section 29-4-60. Independent information and counseling services. - (A) No lender authorized by this chapter to make reverse...
Chapter 5 - Mechanics' Liens
Section 29-5-10. Lien of person furnishing labor and materials for buildings or structures; offers of settlement. - (a) A person to whom a debt is due for...
Section 29-5-15. Filing requirements; penalty for frivolous lien. - (A) To file a mechanics' lien, a contractor must provide...
Section 29-5-20. Lien of laborer, mechanic, subcontractor or materialman; limits on aggregate amount of liens filed by sub-subcontractor or supplier; limits on total aggregate amount of liens; exceptions; settlement of action to enforce lien. - (A) Every laborer, mechanic, subcontractor, or person furnishing material for...
Section 29-5-21. Services of surveyor and real estate licensee as improving real estate; real estate licensee's liens. - (A) A surveyor who surveys real estate by virtue of...
Section 29-5-22. Reasonable rental value of tools, appliances, machinery, and equipment. - A person who supplies tools, appliances, machinery, or equipment used...
Section 29-5-23. Notice of Project Commencement; location notice; failure to file notice. - Any person entering into a direct agreement with, or with...
Section 29-5-25. Private security guard services at site of real estate improvement. - Any person providing private security guard services at the site...
Section 29-5-26. Landscape services. - (A) A person who provides a landscape service on a...
Section 29-5-27. Laborer and person defined. - Any person providing construction and demolition debris disposal services, as...
Section 29-5-30. Lien against debtor with life estate or whose estate is less than fee simple. - If the person for whom the work is done or...
Section 29-5-40. Notice to owner before lien attaches when laborer was employed by someone other than owner. - Whenever work is done or material is furnished for the...
Section 29-5-50. Lienor's preference over contractor. - Any person claiming a lien under the provisions of this...
Section 29-5-60. Proration of payments among lienors. - (A) In the event the amount due the contractor by...
Section 29-5-70. Force of lien against existing recorded mortgage. - Except as otherwise provided in Section 29-3-50, a lien claimed...
Section 29-5-80. Notice of nonresponsibility by owner of building or structure. - The owner of any such building or structure in process...
Section 29-5-90. Dissolution of lien for failure to serve and file statement; contents of statement. - Such a lien shall be dissolved unless the person desiring...
Section 29-5-100. Proceedings not invalidated by inaccuracy of statement of account. - No inaccuracy in such statement relating to the property to...
Section 29-5-110. Release of lien upon filing written undertaking and security. - At any time after service and filing of the statement...
Section 29-5-120. Time for bringing suit to enforce lien; dissolution and release of lien. - (A) Unless a suit for enforcing the lien is commenced...
Section 29-5-130. Enforcement of certain liens before magistrate's court. - When the amount of the claim does not exceed one...
Section 29-5-140. Enforcement of lien by petition to court of common pleas. - The lien may be enforced by petition to the court...
Section 29-5-150. Service of petition. - The petition may be served with the summons or filed...
Section 29-5-160. Contents of petition. - The petition shall contain a brief statement of the contract...
Section 29-5-170. Petition filed by multiple lienors. - Any number of persons who have actually performed labor or...
Section 29-5-180. Amendments of pleadings. - The court may at any time allow either party to...
Section 29-5-190. Notice to owner and other creditors. - The court in which the petition is entered shall order...
Section 29-5-200. Notice by publication or other than personal service. - If it appears to the court that any of the...
Section 29-5-210. Further notice of suit. - If at the time assigned for the hearing it appears...
Section 29-5-220. Hearing on claims of lienors. - At the time assigned for the hearing, or within such...
Section 29-5-230. Questions for jury. - Every material question of fact arising in the case shall...
Section 29-5-240. Determination of claims due but not yet payable. - The court shall ascertain and determine the amount due to...
Section 29-5-250. Recovery for part performance. - When the owner fails to perform his part of the...
Section 29-5-260. Sale of premises if lien established. - If the lien is established in favor of any of...
Section 29-5-270. Sale of part of property. - If part of the property can be separated from the...
Section 29-5-280. Notice of sale. - The officer who makes the sale shall give notice of...
Section 29-5-290. Distribution of proceeds of sale. - If all the claims against the property covered by the...
Section 29-5-300. Distribution of proceeds by court. - If all the claims are not ascertained when the sale...
Section 29-5-310. Distribution of surplus. - If there remain any surplus of the proceeds of the...
Section 29-5-320. Prior attaching creditor is preferred. - If the interest of the owner in the building, structure...
Section 29-5-330. Distribution of proceeds where there is attaching creditor. - If the attaching creditor recovers judgment he shall be entitled...
Section 29-5-340. Subsequent attachments. - If the interest of the owner of the property is...
Section 29-5-350. Attachments intervening between two liens. - If an attachment is made after the recording of such...
Section 29-5-360. Rights of creditors among themselves. - When there are several attaching creditors, they shall, as between...
Section 29-5-370. Persons against whom lien may be enforced when debtor dies or conveys his interest. - If the person indebted dies or conveys away his estate...
Section 29-5-380. Executor or administrator may enforce creditor's lien. - If a creditor dies before the commencement of the suit,...
Section 29-5-390. Suits begun by one creditor may be prosecuted by another. - If it appears in any stage of the proceedings that...
Section 29-5-400. Allowance of claim and costs of petitioning creditor. - If the suit is commenced by the petitioning creditor before...
Section 29-5-410. Costs. - The costs, in all other respects, shall be subject to...
Section 29-5-420. Civil action not barred. - Nothing contained in this chapter shall be construed to prevent...
Section 29-5-430. Recording discharge or release of lien. - When a debt secured by such a lien is fully...
Section 29-5-440. Suit on payment bond. - Every person who has furnished labor, material, or rental equipment...
Chapter 6 - Payments To Contractors, Subcontractors, And Suppliers
Section 29-6-10. Definitions. - Unless the context otherwise requires in this chapter: (1) "Contractor"...
Section 29-6-20. Right of contractor and subcontractor to payment. - Performance by a contractor or subcontractor in accordance with the...
Section 29-6-30. Time and manner of making payment to contractors and subcontractors. - When a contractor or a subcontractor has performed in accordance...
Section 29-6-40. Grounds on which owner, contractor, or subcontractor may withhold application and certification for payment; contract terms unaffected. - Nothing in this chapter prevents the owner, the contractor, or...
Section 29-6-50. Interest on late payments; specific waiver of requirements of sections 29-6-30 and 29-6-50. - If a periodic or final payment to a contractor is...
Section 29-6-60. Application of chapter. - The provisions of this chapter do not apply to: (1)...
Section 29-6-210. Citation of article. - This article may be cited as the "Subcontractors' and Suppliers'...
Section 29-6-230. Subcontractor's right to payment from party with whom it contracts. - Notwithstanding any other provision of law, performance by a construction...
Section 29-6-250. Labor and material payment bond; "governmental body" defined. - (1) When a governmental body is a party to a...
Section 29-6-270. Credit rating of state in which surety company licensed. - For any contract for the improvement of real property not...
Section 29-6-290. Contract provisions not to derogate rights of contractor against payment bond. - A provision in a contract for the improvement of real...
Chapter 7 - Liens Of Laborers And Others On Contract Price
Section 29-7-10. Contractors and subcontractors to pay laborers and others out of money received; laborers' lien. - Any contractor or subcontractor in the erection, alteration, or repairing...
Section 29-7-20. Failure to pay laborers and others; falsely certifying that payment has been made; penalties; waiver of right to file or claim lien for labor and material; set off against money owed. - (1) A contractor or subcontractor who, for other purposes than...
Section 29-7-30. Right of arbitration. - Any contractor or subcontractor may have the right of arbitration...
Chapter 9 - Liens On Ships And Vessels
Section 29-9-10. Liens for labor performed and materials furnished. - When, by virtue of a contract, expressed or implied, with...
Section 29-9-20. Statement of account. - Such lien shall be dissolved unless the person claiming it...
Section 29-9-30. Place of debt when ship built in two places. - If the ship or vessel is partly constructed in one...
Section 29-9-40. Inaccuracies in statement. - No inaccuracy in the description of the ship or vessel,...
Section 29-9-50. Petition to enforce lien. - Such lien may be enforced by petition to the court...
Section 29-9-60. Contents of petition. - The petition shall contain a brief statement of the labor,...
Section 29-9-70. Petition filed by multiple lienors. - Any number of persons having such liens upon the same...
Section 29-9-80. Marshalling claims; distribution of proceeds; preference to labor claims. - When there is money due to more than one person...
Chapter 11 - Lien Of Mining And Manufacturing Employees
Section 29-11-10. Lien of mining and manufacturing employees on output of employer. - All employees of factories, mines, mills, distilleries and every kind...
Section 29-11-20. Proceedings to enforce lien. - Anyone entitled to the provisions of this chapter may begin...
Section 29-11-30. Seizure and disposition of property. - The officer executing the process shall seize and take into...
Section 29-11-40. Costs and fees of officers. - The costs and fees of officers in proceedings under this...
Chapter 13 - Agricultural Liens
Section 29-13-10. Lien of landlord for rent and advances. - Every landlord leasing land for agricultural purposes shall have a...
Section 29-13-20. Laborer's lien on crops. - Laborers who assist in making any crop on shares or...
Section 29-13-30. Priorities among landlord and laborer liens. - The landlord shall have a lien upon the crops of...
Section 29-13-40. Indexing of landlord's lien for advances. - The landlord's lien for advances shall be indexed in the...
Section 29-13-50. Lien for supplies advanced. - Any person who shall make advances in provisions, supplies and...
Section 29-13-60. Seizure of crop to prevent defeat of lien. - If any landlord making such advances shall prove by affidavit...
Section 29-13-70. Notice that amount claimed not justly due; proceeds to be held. - If the person to whom such advances have been made...
Section 29-13-80. Enforcement in magistrate's court. - When any landlord shall have made advances for agricultural purposes...
Section 29-13-90. Contest of amount due when enforcement in magistrate's court. - If the person to whom such advances have been made...
Section 29-13-100. Requisites of affidavits and statements; motion to vacate warrant of seizure. - The affidavit and statements to be used to obtain any...
Section 29-13-110. Bond of applicant. - Before issuing any such warrant, the officer to whom application...
Section 29-13-120. Lien creditor proceeding before debt becomes due. - In case any portion of the crop is removed from...
Section 29-13-130. Recovery of crop severed on giving of bond. - Any person whose crop, whether it be severed from the...
Chapter 15 - Miscellaneous Liens For Services, Damages, Storage Or Materials
Section 29-15-10. Liens for repairs or storage; sale of articles. - (A) A proprietor, an owner, or an operator of any...
Section 29-15-20. Lien on motor vehicle for damages. - When a motor vehicle is operated in violation of the...
Section 29-15-30. Liens on railroads for labor performed or materials furnished. - Any person to whom a debt is due for labor...
Section 29-15-40. Lien on watercraft for damages. - When a watercraft is operated or maintained in violation of...
Section 29-15-50. Lien of owners of certain animals on issue. - The owner of any stock horse, jack, bull, boar or...
Section 29-15-60. Animal boarding facilities; liens upon animals for boarding expenses. - The owner of an animal boarding facility, at the end...
Section 29-15-70. Lien on textiles for labor performed or materials furnished. - A lien on account of work, labor and materials furnished...
Section 29-15-80. Enforcement of lien on textiles. - If any part of the amount for which goods are...
Section 29-15-90. Lien of laundries, dyers, and the like. - (A) Except as otherwise provided in this section, when personal...
Section 29-15-100. Lien on aircraft for labor performed, materials furnished, or contracts of indemnity provided. - (a) Every person engaged in servicing or furnishing supplies or...