South Carolina Letter Tendering Payment in Order to Obtain Release of Mortgaged Premises

State:
Multi-State
Control #:
US-00937BG
Format:
Word; 
Rich Text
Instant download

Description

This is a generic sample of a letter tendering payment of the remaining balance of a loan secured by a mortgage on real property with a request that the mortgagee forward a release to the mortgagor to be filed in the appropriate land records showing that the mortgage has be satisfied and is no longer a lien on the subject property.

How to fill out Letter Tendering Payment In Order To Obtain Release Of Mortgaged Premises?

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FAQ

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.

Once you've repaid your loan in full, your lender contacts the title company to issue a deed of reconveyance in its proper form ing to state law. This generally occurs within 3 ? 4 weeks of your final payment.

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.

Hear this out loud PauseThe lienholder should file a petition with the Court of Common Pleas for the county in which the property is located containing a statement of the contract on which the lien is based, the amount due, a description of the property subject to the lien and ?all other material facts and circumstances.? S.C.

Hear this out loud Pause?There is no statute of limitation on the foreclosure of a mortgage. It is only when the mortgage debt has been due after maturity for a time sufficient to raise a presumption that the same has been satisfied that mere delay will furnish a defense to foreclosure.

Briefly, a mortgagor defendant in a foreclosure action upon which deficiency judgment is rendered may within thirty days after the sale of the mortgaged property apply by verified petition to the Clerk of Court for an appraisal. S.C. Code Section 29-3-680.

Hear this out loud PauseA judgment lien in South Carolina will remain attached to the debtor's property (even if the property changes hands) for ten years.

Hear this out loud PauseSection 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 ...

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South Carolina Letter Tendering Payment in Order to Obtain Release of Mortgaged Premises