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To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.
The new owner or other person requesting recording must present to the register of deeds a completed affidavit for taxable or exempt transfers when filing a South Carolina deed. The affidavit calculates the deed recording fee?attesting to the property's value or the reason the deed is tax-exempt.
NOTE: The recording pre-requisites are fairly simple: in order to be recorded, an instrument must be signed by the grantor, mortgagor, vendor, lessor or maker in the presence of two witnesses and taken before a notary. (See Section 8.3 for exceptions/additional requirements.)
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. UCC Forms - Click on the SC Secretary of State's Web site below.
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.
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.
New Owners Fill out a Transfer of Ownership form. This form must include the previous owner's signature as well as a notary signature. Send to the Division immediately.
A deed is the physical legal document whereas title is the name that describes a person's legal position regarding something. Deeds are official written documents, and in most states are required to be recorded in a courthouse or assessor's office.