South Carolina Partial Release of Mortgage / Deed of Trust on A Mineral / Royalty Interest Sold by Grantor
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How to fill out Partial Release Of Mortgage / Deed Of Trust On A Mineral / Royalty Interest Sold By Grantor?
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FAQ
In South Carolina, the lender must sue the borrower and prove the lender is entitled to foreclose. The homeowner (defendant) has the right to defend the foreclosure by conducting discovery, raising defenses, and filing counterclaims (that is, suing the lender under various causes of action).
SECTION 29-3-330. Methods of satisfaction or release of security interest; affidavit. (A) In this section these words shall have the following meaning: (1) "Mortgage" means a lien against real property that is granted to secure the payment of money; a deed of trust must be given the same meaning as a "mortgage".
Mortgage States and Deed of Trust States StateMortgage StateDeed of Trust StateOregonYPennsylvaniaYRhode IslandYSouth CarolinaY47 more rows
No mortgage or deed having the effect of a mortgage or other lien shall constitute a lien upon any real estate after the lapse of twenty years from the date for the maturity of the lien.
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.
If the satisfaction isn't recorded within a minimum of 60 days, they may incur penalties and be held liable for damages and attorney's fees.
