South Carolina Deed Transfer Questionnaire

State:
Multi-State
Control #:
US-Q1010
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a transferring real property with a deed. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client's needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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 S.C. Code § 2-24-30.

As of now, South Carolina law does not permit the use of TOD deeds to transfer ownership of real estate. Instead, other estate planning tools, such as joint tenancy or a living trust, can be used to avoid probate for real estate.

To obtain a copy of a plat or deed, contact the local Registers of Deeds office or Clerk of Court. Below is a list of counties with corresponding links to their Registers of Deeds office or Clerk of Court.

The South Carolina Supreme Court has held that an attorney must conduct all real estate and mortgage loan closings.

The fee is $1.85 on realty value of $100-$500 and $1.85 ($1.30 for state portion and $0.55 for county portion) for each $500 increment afterwards.

In South Carolina, any reputable mortgage lender will require that an attorney licensed in South Carolina conduct the closing.

Please note: South Carolina is an Attorney State when it comes to Deed preparation. Any preparation by an individual is considered an unauthorized practice of law.

In South Carolina, the grantor must sign the deed in front of two witnesses and in the presence of an individual authorized by the state to administer an oath. Record the completed deed at the local county Recorder's office, along with an Affidavit of True Consideration (S.C. Code Ann.

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South Carolina Deed Transfer Questionnaire