[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Re: Notice of Motion to Sell Free and Clear of Liens Dear [Recipient's Name], I am writing to notify you about my intention to sell a property located in South Carolina, free and clear of any liens or encumbrances. This notice serves as a formal communication in accordance with the laws and regulations governing the sale of real estate in South Carolina. Property Address: [Insert Property Address] Legal Description: [Insert Property Legal Description] I have filed a motion with the [Court Name] in [County Name], South Carolina, seeking approval to sell the aforementioned property without any liens or claims attached to it. The motion, accompanied by this notice, requests the court's authorization to proceed with the sale in accordance with South Carolina Code of Laws, Title 15, Chapter 61, Section 15-61-140. I am hereby providing public notice of this motion to sell the property free and clear of liens, as required by law. The purpose of this notice is to ensure that any interested party, including any lien holder or claimant, has sufficient opportunity to assert their rights or interests in the property before the court grants approval for the sale. If you hold any legal claim, lien, or encumbrance against the property, you are advised to promptly notify me in writing about your interest and provide essential details concerning the lien or claim. Failure to demonstrate your claim or interest within the timeframes set forth by the court may result in the court approving the sale free and clear of any and all liens or encumbrances. Please be aware that any undisclosed liens or claims against the property may be extinguished by the court's approval of the motion to sell free and clear of liens. It is your responsibility to assert and protect your legal rights in a timely manner to prevent the loss of any potential claim or interest in the property. Should you have any questions regarding this notice or require further information about the pending motion to sell, please do not hesitate to reach out to me at the contact details provided above. Thank you for your attention to this matter. Sincerely, [Your Name]
South Carolina Sample Letter for Notice of Motion to Sell Free and Clear of Liens
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FAQ
How long does a judgment lien last in South Carolina? A judgment lien in South Carolina will remain attached to the debtor's property (even if the property changes hands) for ten years.
State tax liens are active for 10 years. You cannot sell or refinance your property until you pay off your tax lien and receive a clear title.
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.
In South Carolina, a claim of lien must be filed no later than 90 days after the last day on which the claimant furnished labor or materials to the project. Unlike many other states, South Carolina generally allows ?call-back? or warranty work to extend the time period in which a lien may be filed.
?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.
At any time after service and filing of the statement required under Section 29-5-90 the owner or any other person having an interest in or lien upon the property involved may secure the discharge of such property from such lien by filing in the office of clerk of court or register of deeds where such lien is filed his ...
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 29-3-330. 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".
