§ 56-19-540 — Retirement of title certificate when lien reflected on affidavit but not evidenced by mortgage; separate Manufactured Home Lien Affidavit to be filed; form.

(A) If at the time of the filing of the Manufactured Home Affidavit for the Retirement of Title Certificate by the Register of Deeds or Clerk of Court, the manufactured home is subject to a lien reflected on the affidavit but not otherwise evidenced by a mortgage, then a separate Manufactured Home Lien Affidavit in the form prescribed by this article is also to be filed. Payment must also be made of the filing fee for affidavits provided in Section 8-21-310. Upon filing, the lien becomes a lien against the real property to which the manufactured home is affixed and is to be indexed in the name of the owner identified on the Manufactured Home Lien Affidavit as mortgagor and secured parties, as mortgagees. Any lien on the manufactured home at the time of retirement of the title certificate must be perfected and have priority in the manner provided for a lien on real property. (B) The Manufactured Home Lien Affidavit must be in the following form: STATE OF SOUTH CAROLINA ) MANUFACTURED HOME ) LIEN AFFIDAVIT COUNTY OF _______________ ) (1) Name of Owner: (2) Description of Manufactured Home: Date of Manufacture: Manufacturer: Model year: _________________ Make: Width: _________________ Length: Identification Number (VIN): (3) The above described manufactured home is subject to a security lien and all secured parties with mailing addresses are listed below: _________________________________________________________ _________________________________________________________ (4) Full legal description of new property to which manufactured home is to be affixed using metes and bounds or reference to recorded plat by book and page. (A separate sheet identified as "Exhibit A" may be attached.) _________________________________________________________ (5) Derivation: This being the identical or a portion of property conveyed or leased to the owner by deed or lease from __________________________________________ and recorded ______________ in Book _______ at page _____________________. Tax map number______________________ Tax billing address__________________________________________ (6) Name of owner of real property if different from owner of manufactured home. _________________________________________________________ (7) The owner of the manufactured home affidavit was recorded on ____________________, in book _____________, at page __________________, in the County of ___________________. The owner certifies that the above information provided by the owner is true and correct to the best information and belief of the owner. Date: ____________________ Signature of Owner Type or print name of owner Witness: Witness: STATE OF SOUTH CAROLINA ) COUNTY OF __________________ ) PROBATE Before me, the undersigned Notary Public, personally appeared ______________________________, who, being duly sworn, deposed and said that he saw ___________________________________, sign, seal, and deliver the foregoing Affidavit and that he, together with ____________________________ witnessed the execution thereof. ______________________________ SWORN to before me this _________ day of _______________ Notary Public for________________(L.S.) My Commission Expires:________

Legislative History

HISTORY: 2003 Act No. 88, SECTION 2.