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Contents |
Types (5)
Deed of Trust – Conveys a borrower’s real estate to a trustee as security for a financial obligation to a lender.
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General Warranty Deed – A deed wherein the grantor is verified as the rightful owner of the title, and complete warranty against defects (e.g., debts, liens, etc.) is provided.
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Life Estate Deed – This deed enables the grantor to retain use of the property for life. When the grantor dies, their real estate automatically transfers to the grantee.
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Quit Claim Deed – With this deed, the new property owner assumes responsibility for all title encumbrances that may arise.
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Special Warranty Deed – Provides warranty against title defects from the transferor’s period of ownership only.
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Laws & Requirements
- Statutes: Title 27 (Property and Conveyances)
- Formatting: Exact formatting requirements may vary by county (see Greenville County).
- The property description must include a derivation clause stating the name of the previous grantor and recording date of the previous deed (not required for quit claim deeds) (§ 30-5-35).
- Deeds must contain a return address to be eligible for filing with the Clerk of Court or Register of Deeds (§ 30-9-30).
- Signing Requirements (§ 27-7-10 and § 30-5-30): Notary Public and Two (2) Witnesses. The notary public may sign as one (1) of the witnesses.
- Where to Record (§ 30-7-10): County Registers of Deeds
- Recording Fees (§ 8-21-310(1)): $15. A Transfer Tax (or “Deed Recording Fee”), calculated as $1.85 per every $500 of the realty value, must be paid online or with the Deed Recording Fee Return form (§ 12-24-10).
- Forms:
- Affidavit for Taxable or Exempt Transfers: Must be included when filing a deed with the court clerk or register of deeds (§ 12-24-70).
- Property Disclosure Statement (§ 27-50-40): Informs residential property buyers of any property issues.