2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 3 - PROBATE OF WILLS AND ADMINISTRATION
Section 62-3-1312. Entry of releases of liens on property sold.
In case any lands of the deceased subject to the lien of any judgment, mortgage, or other lien is sold under the provisions of this Part the court may enter a release of the lands so sold upon the records in the office of the clerk of court or register of deeds of the county from the lien of such judgment, mortgage, or other lien and in case such mortgage, judgment, or other lien debt has been paid in full out of the proceeds of the sale of such lands the court may have cancellation of the same entered on the record thereof. The foregoing does not relieve any judgment, mortgage, or other lien creditor of the duty, as provided otherwise by law, of releasing or canceling such liens. Each release satisfaction or cancellation provided for herein must refer by proper notation to the file number of such estate in the court. The provisions of this section do not apply when the order of sale directs the sale of any lands which must be sold subject to any existing mortgage, judgment, or other lien, but only when such lands are sold freed and discharged from all such liens.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 62; 1990 Act No. 521, Section 79; 1997 Act No. 34, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
Editor's Note
1997 Act No. 34, Section 1, directed the Code Commissioner to change all references to "Register of Mesne Conveyances" to "Register of Deeds" wherever appearing in the 1976 Code of Laws.
