South Carolina Quitclaim Assignment of Assets
Description
How to fill out Quitclaim Assignment Of Assets?
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FAQ
A quitclaim transfers a property's title but any mortgage the grantor has will not transfer. This is particularly dangerous if the grantor's mortgage includes a due-on-sale clause, as the clause will require the grantor to pay the entire remaining balance of the mortgage once the title changes hands.
A South Carolina special warranty deed is a written instrument transferring a property interest from the current owner (the grantor) to a new owner (the grantee) with limited warranty of title. Warranty of title is the current owner's guaranty that a deed conveys real estate with a valid, clear title.
The new owner or other person requesting recording must present to the register of deeds a completed affidavit for taxable or exempt transfers when filing a South Carolina deed. The affidavit calculates the deed recording fee?attesting to the property's value or the reason the deed is tax-exempt.
As of now, South Carolina law does not permit the use of TOD deeds to transfer ownership of real estate. Instead, other estate planning tools, such as joint tenancy or a living trust, can be used to avoid probate for real estate.
Recording (Code 1976 § 30-7-10) ? All forms must be filed at the County Recorders of Deeds. Signing (Code 1976 § 30-5-30) ? A quit claim deed in South Carolina is required to be authorized by a notary public and two (2) subscribing witnesses in order to be recorded.
The way a quitclaim deed works is that this type of transfer makes no seller guarantees. It merely states that the seller transfers any ownership interest to the buyer. So if the seller has absolutely no ownership interest in the property, that's precisely what transfers in a quitclaim deed to any buyer.
Due to this, quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage. After all, it would be difficult for many grantors to pay off a mortgage without proceeds from the sale of the property.
