South Carolina Notice of Lien to a Subdivision Lot Owner For Unpaid Assessment

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US-01186BG
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Description

A subdivision is the development and division of a lot, tract, or parcel of land into two or more lots, plats, sites, or otherwise for the purpose of establishing or creating a subdivision through sale, lease, or building development. The developer will generally file a document called a Declaration of the Covenants and Restrictions of (Name of Subdivision). This Declaration is normally filed in the land records of the county where the subdivision is located, and will contain regulations regarding the administration and maintenance of the property, including payment of assessments by the owners.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

(2) In order to remain enforceable, a homeowners association's rules, regulations, and amendments to rules and regulations must be recorded in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county in which the property is located by January tenth of each year following ...

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.

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

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.

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.

Can the HOA take your home in South Carolina? Though it only happens in the rarest and most extreme circumstances, an HOA does have the power to foreclose on a home in the event that the owner cannot pay their dues, or should other monetary disputes arise.

The HOA or COA can usually get a lien on your home. The association typically can charge you for overdue assessments, late charges, fines, collection costs, interest, and attorneys' fees and costs. After you default on the assessments, the HOA or COA may foreclose.

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South Carolina Notice of Lien to a Subdivision Lot Owner For Unpaid Assessment