South Carolina Code 56-19-540. Retirement of title certificate when lien reflected on affidavit but not evidenced by mortgage; separate Manufactured Home Lien Affidavit to be filed; form
(B) The Manufactured Home Lien Affidavit must be in the following form:
Terms Used In South Carolina Code 56-19-540
- 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.
- Affixed: means that the manufactured home is installed in accordance with the state required installation standards, with wheels, axles, and towing hitch removed, and with the owner of the home having an intention that the manufactured home becomes an improvement to the real property whereon it is situated as evidenced by the filing of the affidavits provided in this article. See South Carolina Code 56-19-500
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- Owner: means , when referring to a manufactured home for which the title certificate has been retired either pursuant to the procedure utilized before the effective date of this article by the department or pursuant to this article, the person who owns the real property or has a recorded leasehold estate of thirty-five or more years on the real property upon which the manufactured home has become affixed and the instrument creating the leasehold estate authorizes the lessee to encumber the real property with a lien. See South Carolina Code 56-19-500
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
STATE OF SOUTH CAROLINA)MANUFACTURED HOME )LIEN AFFIDAVITCOUNTY OF _______________) (1)Name of Owner: (2)Description of Manufactured Home: Date of Manufacture: Manufacturer: Model year: _________________ Make: Width: _________________ Length: Identification Number (VIN):
(3) The above described manufactured home is subject to a security lien and all secured parties with mailing addresses are listed below:
_________________________________________________________
_________________________________________________________
(4) Full legal description of new property to which manufactured home is to be affixed using metes and bounds or reference to recorded plat by book and page. (A separate sheet identified as "Exhibit A" may be attached.)
_________________________________________________________
(5) Derivation: This being the identical or a portion of property conveyed or leased to the owner by deed or lease from __________________________________________ and recorded ______________ in Book _______ at page _____________________.
Tax map number______________________
Tax billing address__________________________________________
(6) Name of owner of real property if different from owner of manufactured home.
_________________________________________________________
(7) The owner of the manufactured home affidavit was recorded on ____________________, in book _____________, at page __________________, in the County of ___________________.
The owner certifies that the above information provided by the owner is true and correct to the best information and belief of the owner.
Date: ____________________ Signature of Owner Type or print name of owner Witness: Witness: 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.
______________________________
SWORN to before me this
_________ day of _______________
Notary Public for________________(L.S.)
My Commission Expires:________