(A) Commencing nine months following the effective date of this article, the Department of Motor Vehicles must retire the title certificate to the manufactured home upon receipt of the following:

(1) a clocked and stamped copy of the Manufactured Home Affidavit for the Retirement of Title Certificate filed with the Register of Deeds or Clerk of Court;

Terms Used In South Carolina Code 56-19-520

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Manufactured home: means a "mobile home" as defined by law or a structure, transportable in one or more sections, which (a) in the traveling mode is eight body feet or more in width, or forty body feet or more in length, or (b) when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it. See South Carolina Code 56-19-500
  • Oath: A promise to tell the truth.
  • Retire the title certificate: means to cancel through the procedure established by this article an existing manufactured home title certificate issued by this State. See South Carolina Code 56-19-500
  • Secured party: means any lienholder identified on the title certificate of a manufactured home, or the lender securing a loan through a mortgage, deed of trust, or real estate contract when referring to real property or real property to which a manufactured home has been affixed and the title certificate retired. See South Carolina Code 56-19-500
  • Security interest: means an interest in property to secure payment of a loan made by a secured party to a borrower or a lien created by operation of law. See South Carolina Code 56-19-500

(2) the title certificate for the manufactured home, with either a release of lien or the consent of any secured party to the retirement of the title certificate indicated in writing on the title certificate by each secured party which authorizes the department to cancel its record of any lien as if it had been released. The release of lien may be accomplished by the appropriate notation on the title certificate or by an affidavit on the form provided in this article. Any licensed attorney admitted to practice in this State who can provide proof of payment of funds by evidence of payment made payable to a secured party or other party entitled to receive payment may record or cause to be recorded an affidavit duly executed in the presence of two witnesses and probated or acknowledged which states that full balance or payoff amount of the lien or other instrument securing the payment of money and being a lien upon the manufactured home has been made and that evidence of payment from the secured party exists. This affidavit, duly recorded in the appropriate county, shall serve as notice of satisfaction of the security interest and release of the lien upon the manufactured home. The filing of the affidavit with the department shall be sufficient to satisfy, release, or discharge the lien. This item may not be construed to require an attorney to record an affidavit or to create liability for failure to file the affidavit. The licensed attorney signing the affidavit which is false is guilty of perjury in violation of § 16-9-10 and shall be liable for damages that any person may sustain as a result of the false affidavit, including reasonable attorney’s fee incurred in connection with the recovery of the damages;

(3) a receipt demonstrating payment of the most recently billed property taxes for the manufactured home; and

(4) payment of a fee established by the department not to exceed fifty dollars for retirement of the title certificate and, notwithstanding any other provision of law, the fee collected by the department must be placed by the Comptroller General into the State Highway Fund as established by § 57-11-20, to be distributed as provided in § 11-43-167.

(B) The affidavit referred to in subsection (A) must be as follows:

STATE OF SOUTH CAROLINA) )SATISFACTION AFFIDAVITCOUNTY OF ________________)

The undersigned on oath, being first duly sworn, hereby certifies:

(1) The undersigned is a licensed attorney admitted to practice in the State of South Carolina.

(2) With respect to the security interest given by ______________________ to__________________________ and dated _____________________________:

(a) [ ] that the undersigned was given written payoff information and made the payoff and is in possession of a canceled check to the secured party; or

(b) [ ] that the undersigned was given written payoff information and made the payoff by wire transfer or other electronic means to the secured party and has confirmation from the undersigned’s bank of the transfer to the account provided by the secured party.

Under penalties of perjury, I declare that I have examined this affidavit this ______ day of ___________ and, to the best of my knowledge and belief, it is true, correct, and complete.

Witness: _______________ Signature Witness:_______________ Name (Please print) Attorney’s Bar Number Street Address City, State, Zip Code Telephone STATE OF SOUTH CAROLINA) COUNTY OF _______________)PROBATE

Before me, the undersigned Notary Public, personally appeared _____________________________, who, being duly sworn, deposed and said that he saw _________________________________, sign, seal, and deliver the foregoing Affidavit and that he, together with ____________________________ witnessed the execution thereof.

______________________________

Subscribed and sworn to before me

this _________ day of ____________________

Notary Public for ______________________(L.S.)

My commission expires:_________________

(C) Upon presentation to the department of the material required by this section, the department is directed to mark the lien on the manufactured home satisfied.

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