§ 56-19-550 — Severance of manufactured home from real property when it will be affixed to real property in new location; filing of Manufactured Home Severance Affidavit; if not to be affixed to real property, Attorney Affidavit of Security Interests of Record reflecting liens to be filed.

(A) A manufactured home for which the title certificate has been retired may be severed from real property only in accordance with the procedures prescribed in this article. Any person who removes a manufactured home for which the title certificate has been retired from the real property to which it has been affixed in a manner inconsistent with requirements of this article is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars. (B) If a manufactured home for which the title certificate has been retired is to be severed from the real property to which it is affixed, it is not necessary for the owner of the manufactured home to obtain a new title certificate if the manufactured home is to be affixed to real property in its new location. However, the owner shall file a Manufactured Home Severance Affidavit in the form prescribed in this article with the Register of Deeds or Clerk of Court in the county or counties from which the manufactured home is being moved and where it is to be relocated and pay a fee for the filing of affidavits provided by Section 8-21-310. No manufactured home that is to be severed may be transported without first obtaining the appropriate moving permit and a receipt indicating payment of any taxes accrued, due, or payable on the manufactured home. (C) The Manufactured Home Severance Affidavit must be in the following form: STATE OF SOUTH CAROLINA ) ) MANUFACTURED HOME ) SEVERANCE AFFIDAVIT COUNTY OF _______________ ) OWNERS SECTION (1) Name of Owner: (2) Description of Manufactured Home: Date of Manufacture: Manufacturer: Model year: _________________ Make: Width: _____________ Length: Identification Number (VIN): (3) Check whichever is applicable: _____ The above described manufactured home will be removed from its current location and will not be permanently affixed in a new location. _____ The above described manufactured home will be removed from its current location and will be permanently affixed in a new location. (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 initial 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:________ SECURED PARTY SECTION (1) Names and mailing address of all parties with a security interest in the manufactured home: ______________________________________ ______________________________________ (2) Consent to sever. This section must be completed by each secured party and the signature of each must be notarized. By my (our) signature(s) affixed hereto I (we) consent to the severance of the within described manufactured home from the real property identified herein. Date: Signature of secured party Witness: Signature of secured party Witness: Print or type name of secured party Print or type name of secured party Date: Signature of secured party Witness: Signature of secured party Witness: Print or type name of secured party Print or type name of secured party 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 consent to sever and that he, together with ____________________________ witnessed the execution thereof. ____________________________ SWORN to before me this _________ day of _______________ Notary Public for__________________(L.S.) My Commission Expires:________ (D) If the manufactured home will not be affixed to real property, it is necessary for the owner of the manufactured home to obtain a new title certificate from the Department of Motor Vehicles by filing with the department an application for title on the form prescribed by the department, by paying the fee established by Section 56-19-420, and by furnishing a stamped, clocked copy of the Manufactured Home Severance Affidavit which must contain an affidavit executed by a licensed South Carolina attorney identifying in the order of their priority any secured party having a security interest in the real property. Liens reflected on the Manufactured Home Severance Affidavit must be reflected on the title certificate in order of their priority. (E) The attorney's affidavit required by subsection (D) must be in the following form: STATE OF SOUTH CAROLINA ) ATTORNEY AFFIDAVIT OF ) SECURITY INTERESTS OF COUNTY OF ________________ ) RECORD The undersigned on oath, being duly sworn, hereby certifies as follows: (1) The undersigned is a licensed attorney admitted to practice in the State of South Carolina. (2) The undersigned has conducted an examination of the real property records in the office of the Register of Deeds or Clerk of Court in the county of ____________________, and states that the following security interests listed below in their order of priority are recorded and in the undersigned's opinion are perfected as to the manufactured home identified in the attached Severance Affidavit. The parties are listed by name and address in order of priority of security interest: Date: Signature of attorney Printed name of attorney and Bar Number Street Address City, State, Zip Code 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:________ (F) If a manufactured home which is to be severed from real property is subject to a lien or mortgage, the manufactured home may not be severed without the notarized, written consent of the lienholder to the severance and the discharge or release of the lien or mortgage as to the manufactured home as provided by law. (G) Notwithstanding the provisions of this article, the security interest in a manufactured home in which the title certificate has been retired shall continue notwithstanding any relocation unless the lien on the manufactured home has been satisfied of record as required by law as to the satisfaction of liens or the lender indicates consent to the relocation on the Severance Affidavit provided for in subsection (C) and the owner files the affidavit with the Register of Deeds or Clerk of Court with whom the Manufactured Home Affidavit for Retirement of title certificate is filed. (H) A copy of the application for a new title certificate along with the Manufactured Home Severance Affidavit required by this article must also be filed in the office of the Register of Deeds or Clerk of Court for the county in which is located the real property from which the manufactured home is severed together with payment of the fee for the filing of affidavits provided by Section 8-21-310.

Legislative History

HISTORY: 2003 Act No. 88, SECTION 2.