South Carolina Bill 3337 would revise filing and recording fees

Section 8-21-310 of the 1976 Code would be stricken in its entirety and replaced with the following:

(A)    Except as otherwise expressly provided, the clerks of court and registers of deeds or county treasurers, as may be determined by the governing body of the county, shall collect the uniform filing fee of thirty-five dollars for the following documents:

(1)    a deed;

(2)    a mortgage;

(3)    a land sale installment contract or contract for deed;

(4)    a real estate sales contract;

(5)    any document required to be recorded pursuant to the Uniform Commercial Code;

(6)    a plat or survey not part of or attached to another document to be recorded;

(7)    an order for partition of real estate;

(8)    a lease;

(9)    an easement agreement or other document affecting title or possession of real property not otherwise provided for in this section;

(10)    a power of attorney, trustee qualification, memorandum of trust, or other appointment. However, upon presentation of a copy of deployment orders to a combat zone by or on behalf of a member of the armed forces of the United States, the filing fee for a power of attorney for the person deployed is waived. In addition, the filing fee for a revocation of power of attorney filed by or on behalf of a member of the armed forces of the United States is waived if the revocation is filed within three years from the date of filing the power of attorney and a copy of the deployment orders to a combat zone is presented. For purposes of this item, ‘combat zone’ has the meaning provided in Internal Revenue Service Publication 3 and includes service in a qualified hazardous duty area; or

(11)    any other document affecting title or possession of real estate and required by law to be recorded, except judicial records.

(B)    Except as otherwise expressly provided, the clerks of court and register of deeds or county treasurers, as may be determined by the governing body of the county, shall collect the uniform filing fee of ten dollars for the following documents or actions:

(1)    an assignment which transfers or affects a real estate mortgage or other instrument affecting title to real property or lien for the payment of money, even if it is part of the original instrument when initially filed;

(2)    separate probates, acknowledgements, affidavits or certificates which are not part of or attached to another document to be recorded;

(3)    a mortgage satisfaction or release including a partial release including entry in the public record;

(4)    a mortgage subordination agreement or lien subordination agreement;

(5)    taking and filing bond or security costs;

(6)    filing a notice of meter conservation charge as permitted by Section 58-37-50.

(7)    for filing, enrolling, satisfaction or expungement of South Carolina and United States Government liens. The clerk shall mark ‘satisfied’ upon receipt of the fees provided in this item for any lien or warrant for distraint issued by any agency of this State or of the United States upon receipt of a certificate duly signed by an authorized officer of any agency of this State or of the United States to the effect that the lien or warrant of distraint has been paid;

(8)    filing or recording any commission of a notary public or other public office, license or permit to practice any profession or trade required to be filed in the county where the individual permanently resides;

(9)    filing the charter of any public or private corporation or association required by law to be recorded;

(10)    filing or recording dissolution of any partnership or corporate document required to be filed in the county;

(11)    filing and enrolling a judgment by confession;

(12)    taking and filing an order for bail with or without bond;

(13)    issuing an official certificate under seal of court; or

(14)    filing notice of discharge in bankruptcy.

(C)    Except as otherwise expressly provided, the clerks of court or county treasurers, as may be determined by the governing body of the county, shall collect the following fees or take the following actions:

(1)    filing first complaint or petition, including application for a remedial and prerogative writ and bond in a civil action or proceeding, one hundred dollars plus the added fee of fifty dollars imposed by Section 14-1-204 (B)(1);

(2)    filing, indexing, enrolling, and entering a foreign judgment and an affidavit pursuant to Article 11, Chapter 35, Title 15, one hundred dollars;

(3)    filing court documents by electronic means from an integrated electronic filing (e-filing) system owned and operated by the South Carolina Judicial Department in an amount set by the Chief Justice of the South Carolina Supreme Court and all fees must be remitted to the South Carolina Judicial Department to be dedicated to the support of court technology;

(4)    filing and processing an order for the Destruction of Arrest Records which fee must be for each order regardless of the number of cases contained in the order. The fee under the provisions of this item does not apply to cases where the defendant is found not guilty or where the underlying charge is dismissed or nol prossed unless that dismissal or nol prosse is the result of successful completion of a pretrial intervention program, thirty-five dollars;

(5)    receiving and enrolling transcripts of judgment from magistrates courts and federal district courts, thirty-five dollars;

(6)    filing and enrolling a judgment by confession, ten dollars;

(7)    no fee may be charged to a defendant or respondent for filing an answer, return, or other papers in any civil action or proceeding, in a court of record;

(8)    taking and filing an order for bail whether or not surety must be justified, ten dollars;

(9)    taking and filing bond or security costs whether or not surety must be justified, ten dollars; or

(10)    issuing an official certificate under seal of court not otherwise specified in this section, ten dollars.

SECTION 2.    This act takes effect July 1, 2017.

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