South Carolina Lien: A Complete Guide to Liens in the State

A lien is a hold on a property that prevents the owner from transferring ownership until a debt is settled. Upon being recorded, it provides lienholders with a means to secure repayment from the debtor. Because lien laws differ across states, it is important for buyers, lienholders, and property owners to understand South Carolina’s rules to ensure proper filing and lien resolution.

What Is a Lien in South Carolina?

The legal definition of a lien appears in several chapters of Title 29 of the South Carolina Code of Laws. Liens can be attached to buildings, materials, homes, land, vehicles, or business assets. Since they become part of public records, they can alert individuals and title companies of outstanding obligations associated with a property.

The presence of a lien on a property may make it difficult for owners to refinance or sell. Therefore, potential buyers should conduct due diligence to determine whether the property is subject to a debt claim.

Types of Liens in South Carolina

In South Carolina, a mortgage lien is a lienholder’s legal claim on a debtor’s real estate to secure the mortgage loan. If the debtor fails to repay the loan, the lien gives the holder the right to sell the property to recover the debt.

A mechanic’s lien is a statutory remedy that allows suppliers and contractors to place a hold on a property’s title. Until the debt is settled, this action makes it difficult for the owner to sell or borrow against the property.

On the other hand, Liens of Laborers and Others on Contract Price allows contractors and suppliers to claim part of the payment for work or materials on a construction project. They can do this even if they do not have a lien on the property itself.

With anAgricultural Lien, farmers and suppliers can lay a legal claim on crops, livestock, or other agricultural products to secure payment for goods or services provided. Liens on Ships and Vessels give individuals or entities, such as shipbuilders, crewmembers, or repairers a legal claim to guarantee they are paid for labor or repairs.

How to Search for Liens in South Carolina

In South Carolina, searching for liens generally involves looking up public records maintained by county offices or the Secretary of State:

• County Register of Deeds or Clerk of Court Offices: Most liens, including mortgage, agricultural, and mechanic’s liens, are recorded at the county level. Individuals can visit the county office in person or check if they offer an online search.
• South Carolina Secretary of State: This office keeps lien records associated with ships or businesses. Their website offers access to filings and UCC liens.
• South Carolina Judicial Case Records: Through the Public Index Search Page, users can search for judgment liens by tax map number, case number, or party name.
• Third-Party Services: These are online platforms that aggregate public lien records for easy searching. It is important to note that they may require a small fee or a subscription.

A lien filing lists the creditor’s information, the recording date, the amount owed, and a description of the property.

Lien Records in Major South Carolina Cities

As lien records are kept by each county, individuals can conduct their searches in the relevant county office:

• Charleston (Charleston County): The Charleston County Register of Deeds enables the public to search for various types of liens, including state, federal, tax, and UCC liens, through its Liens Type and Date Search.
• Columbia (Richland County): Individuals seeking lien and property records in Columbia may visit the Richland County Register of Deeds Division.
• Greenville (Greenville County): The Greenville County Register of Deeds records land titles, liens, and other documents related to property transactions in Greenville.
• North Charleston (Charleston County): North Charleston residents can view lien filings through the Charleston County’s Lien Type and Date Search.
• Mount Pleasant (Charleston County): Lien records for Mount Pleasant are handled through Charleston County’s office.

How Long Does a Lien Stay on Property in South Carolina?

Lien duration in South Carolina depends on the type:

• Property Tax Lien: A property tax lien filed by the South Dakota Department of Revenue expires 10 years after it is filed with the Register of Deeds. If the tax remains unpaid, the property may be sold at a tax sale, and the debtor has one year to redeem it.
• Mechanic’s Lien: This type of lien lasts for six months from the date of the last provision of materials or labor.
• Judgment Liens: Judgment on real property lasts for 10 years from the date the judgment is entered.
• Mortgage Lien: It remains effective for 20 years from the date the debt is due.

If a lien is not properly released, it may remain in the public record even after payment.

How to Remove a Lien in South Carolina

To remove a lien in South Carolina, the debtor can either dispute its validity or address the underlying obligations:

1. Paying the Debt or Obligation: This is the most straightforward way to remove a lien.
2. Obtain a Release: Once the debt is satisfied, the lienholder should provide the property owner with a written release or satisfaction document.
3. Record the Release: The property owner can take the release document to the Register of Deeds in the county where the lien was originally recorded.
4. Dispute or Challenge a Lien: If the lien is invalid, a debtor can file a lawsuit to have the lien removed.

In South Carolina, liens are important for enforcing the payment of debts. To manage transactions properly, buyers, lenders, and property owners must understand how liens work. Property owners should take the important step of ensuring that liens are properly addressed to avoid complications, which may involve consulting a register of deeds or a lawyer. By following the correct process, property owners can maintain clear titles and facilitate smoother real estate deals.