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.
South Carolina Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage
State:
Multi-State
Control #:
US-02785BG
Format:
Word;
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How to fill out Complaint To Compel Mortgagee To Execute And Record Satisfaction And Discharge Of Mortgage?
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(§ 29-5-430). The owner of property on which labor is being performed or material furnished may protect himself from the imposition of a mechanics' lien by giving notice in writing of his non-responsibility for the payment of such work to the person performing or furnishing such labor or materials. (§ 29-5-80).
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.
Suppose a mortgage lender fails to record a Satisfaction of Mortgage document within 60 days from the final payment date. In that case, you can file a lawsuit against the mortgagee. Contact a local law firm to speak with an intake specialist about your legal options.
Defend Under the Statute Under '29-5-120 of the Statute, a suit to enforce the lien must be brought within six months after the labor or materials at issue were furnished. (The lien itself must be filed within 90 days of the furnishing of labor or materials, S.C. Code Ann.
SECTION 29-3-330. Methods of satisfaction or release of security interest; affidavit. (A) In this section these words shall have the following meaning: (1) "Mortgage" means a lien against real property that is granted to secure the payment of money; a deed of trust must be given the same meaning as a "mortgage".
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.
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 ...
§ 15-39-610 et seq. A judicial sale is used in magistrates' courts to satisfy an adjudicated claim by the sale of personal property taken from a losing party. The sale may be of personal property seized pursuant to a claim and delivery action, a distraint procedure, or as a result of a levy and execution.