South Carolina Subordination Agreement - Lien
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FAQ
Because South Carolina is not a super lien state, a bank foreclosure will take priority over a community association's lien and does not require the lender to provide any compensation to the association for unpaid assessments.
A judgment lien in South Carolina will remain attached to the debtor's property (even if the property changes hands) for ten years.
With South Carolina ELT and its connection with the South Carolina DMV, finance companies that receive a vehicle payoff will be able to release the lien on the vehicle through the SC ELT system. Upon lien release, titles will stay in electronic form, but can be printed if you choose.
Section 29-5-10 of the Statute provides, in relevant part, that ?[a] person to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the ?of a [structure] upon real estate?by virtue of an agreement with?the owner?or person having authority from, or rightfully acting ...
Within 90 days of the date of last delivery of materials or performance of labor. PRIVATE: Within 6 months of the date of last delivery of materials or performance of labor. NOTE: If there is a payment bond the deadline is more than 90 days but less than one year after claimant's last delivery.
They asked for damages under section 29-3-320 of the South Carolina Code, which says that banks that don't satisfy a mortgage within 90 days are subject to damages of the lesser of $25,000 or one-half of the secured debt, plus attorneys' fees, costs and actual damages.
A magistrate's judgment is valid for three years, whereas a circuit court judgment is valid for ten years. Therefore, the filing of a magistrate's judgment in circuit court extends the life of the judgment to that of the circuit court's. Judgments in South Carolina may not be renewed.
PREPARING THE SOUTH CAROLINA MECHANICS LIEN Every mechanics lien typically must contain the owner's name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed.
