Menu
Home>Levelset Community>Legal Help>what do I do after I get paid

what do I do after I get paid

South CarolinaLien Releases

After the person pays me, how do I remove the lien

2 replies

Feb 20, 2020
The release of a South Carolina mechanics lien is governed by SC Code §29-5-430. It states that when a debt secured by such a lien is fully paid, the creditor, at the expense of the debtor, shall enter on the margin of the registry where the statement is recorded, a discharge of his lien or shall execute a release thereof, which may be recorded where the statement is recorded. So, in order to properly release the lien claim, a SC mechanics lien release form must be filed in the same recording office where the lien was filed. You, as the claimant, are required to record the release, but you can request that the debtor pays for the recording fees.
0 people found this helpful
Helpful
Feb 20, 2020
Lien releases or cancellations are documents that reference the original lien (generally by document number or book and page of recording), contain certain information identifying the property subject to the lien and interested parties, and is recorded in the same recorder's office in which the original lien was recorded. In South Carolina the "discharge or release of lien" is governed by § 29-5-430, which states, in part: "[w]hen a debt secured by such a lien is fully paid, the creditor, at the expense of the debtor, shall enter on the margin of the registry where the statement is recorded a discharge of his lien or shall execute a release thereof, which may be recorded where the statement is recorded." Note that, in South Carolina, the debtor is specifically responsible for charges incurred in releasing the lien. The process can be accomplished simply and easily by creating the release and sending it for recording electronically, here.
0 people found this helpful
Helpful