§ 27-32-315 — Who may serve as trustee; appointment of successor trustee; notice of substitution of trustee.

(A) A trustee may be any: (1) attorney who is an active licensed member of the South Carolina Bar in good standing or a law firm whose members include such an attorney; or (2) title insurance company, title insurance agent, or title insurance agency licensed to do business in this State. (B) An attorney who is a trustee under subsection (A)(1) may represent the lienholder foreclosing under this article in addition to performing the duties of a trustee under a power of sale. (C) Successor trustees may be appointed by a lienholder at any time by recording a notice of substitution of trustee in the public records for the county in which the timeshare estate is located. From the time the substitution of trustee is recorded, the successor trustee succeeds to all the powers, duties, and authority of the original trustee and successor trustees, if any. (D) The recorded notice of substitution of trustee must identify: (1) the mortgage or timeshare instrument; (2) the names of the original parties to the mortgage or timeshare instrument; (3) the date of recordation of the mortgage or timeshare instrument; (4) the official record book and page number where the mortgage or timeshare instrument is recorded; (5) the name of the successor trustee; and (6) the name of the trustee being replaced. The notice must recite acceptance by the successor trustee of his or her duties and must be dated, signed, and acknowledged by the lienholder and the successor trustee. A notice of substitution of trustee is valid for purposes of this article when made and recorded in accordance with this section. A resignation of the original or prior trustee is not required. (E) The lienholder may not serve as the trustee.

Legislative History

HISTORY: 2000 Act No. 262, SECTION 1.