(b) A clerk of court or register of deeds shall not record any deed or mortgage after July 1, 1976, unless it contains a derivation clause as prescribed in subsection (a); provided, however, that he may record a deed or mortgage without such clause upon a showing satisfactory to him that the necessary information for such clause was not available.
Terms Used In South Carolina Code 30-5-35
- clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- deed: The legal instrument used to transfer title in real property from one person to another.
- devise: To gift property by will.
- grantor: The person who establishes a trust and places property into it.
- mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- mortgagee: The person to whom property is mortgaged and who has loaned the money.
- mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- probate: Proving a will
- real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) The provisions of this section are intended to be regulatory in nature and will not affect the legality, force, effect or record notice of any instrument recorded in violation hereof.