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South Carolina General Warranty Deed

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STATE OF SOUTH CAROLINA
GENERAL WARRANTY DEED

Prepared by U.S. Legal Forms, Inc.

Copyright 2016 - U.S. Legal Forms, Inc.

[Husband and Wife from Joint Tenants to Tenants in Common]

Control Number – SC - SDEED – 8-1

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AFFIDAVITS OF PROBATE AND ACKNOWLEDGMENTS

Documents must have either an “Affidavit of Probate” or an Acknowledgement following the Execution and Witness Signatures. The Probate provides for one of the two Witnesses to confirm to either the other witness or Notary, that he/she saw the Grantor(s) execute the document. The Acknowledgement provides for the Executing party to make oath to the Notary that he/she executed the document.

NOTES ON FILING THESE FORMS

Original Signatures of Executing Party(ies) & Date of Execution - Although documents may be a copy or a FAX, all required signatures must be originals. The Register of Deeds in South Carolina “encourage” use of BLUE INK for Signatures.

Subscribing Witnesses - Most documents require 2 witnesses’ original signatures.

Affidavits of Probate and Acknowledgements - Documents must have either this “Affidavit” or an Acknowledgement following the Execution and Witness Signatures.

Notary Public - Documents presented for filing, except as otherwise provided by law, must be “Notarized”, by a licensed Notary Public.

Description & Derivation Clause - Most documents must contain some legal description of the property involved and/or reference to an attached Plat.

Grantee’s/Mortgagee’s Address - The address of the Buyer (Grantee) on Deeds, and the Secured Party (Mortgagee) on Mortgages, must be clearly noted.

Preparation Clause - Deeds must have a clause that tells the name, and the address, of who prepared the document.

District, Map & Parcel No. - This information must be clearly noted somewhere on all Deeds and all Plats.

DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of South Carolina. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk.

THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.


This document prepared by (and after recording return to):

Name:

Firm/Company:

Address:

Address 2:

City, State, Zip:

Phone:

GENERAL WARRANTY DEED

(From Tenants in Common to Joint Tenants)

KNOW ALL MEN BY THESE PRESENTS THAT:

FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged,

and , Husband and Wife, hereinafter referred to as “Grantor”, do hereby grant, bargain, sell and release unto
and , Husband and Wife, as Tenants in Common, hereinafter “Grantee”, the following lands and property, together with all improvements located thereon, lying in the County of

County: , State of South Carolina, to-wit:

Describe Property of State “SEE DESCRIPTION ATTACHED”

Tax Map Number:

Prior instrument reference: Book , Page , Document No. , in the office of the Register of Deeds County, South Carolina.

SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any.

TO HAVE AND TO HOLD same unto Grantee, and unto Grantees’ successors and assigns forever, with all appurtenances thereunto belonging.

WITNESS Grantor(s) hand(s) this the day of , 20.

Signed, Sealed and Delivered in the presence of:

Witness 1:

Witness 2:

Grantor Signature:



{Type Name}

STATE OF

COUNTY OF

The foregoing instrument was acknowledged before me this by and (name of persons acknowledged).

Notary Public:

Print Name:

My commission expires:

Grantor(s) Name, Address, phone:

Grantee(s) Name, Address, phone:

SEND TAX STATEMENTS TO GRANTEE

AFFIDAVIT

STATE OF SOUTH CAROLINA : Date of Transfer of Title

COUNTY OF : (Closing Date)

Personally appeared before me the undersigned, who being duly sworn, deposes and says:

1. I have read the information on this Affidavit and I understand such information.

2. The property is being transferred BY TO on

3. Check one of the following: THE DEED IS

(a) Subject to the deed recording fee as a transfer for consideration paid or to be paid in money or money’s worth.

(b) Subject to the deed recording fee as a transfer between a corporation, a partnership, or other entity and stockholder, partner, or owner of the entity or is a transfer to a trust or as distribution to a trust beneficiary.

(c) Exempt, or partially exempt, from the recording fees because (exemption # )

(Explanation, if required)

4. Check one of the following if either item 3(a) or item 3(b) above has been checked.

(a) The fee is computed on the consideration paid or to be paid in money or money’s worth in the amount of $

(b) The fee is computed on the fair market value of the realty which is $

(c) The fee is computed on the fair market value of the realty as established for property tax purposes, which is $

5. Check YES or NO to the following: A lien or encumbrance existed on the land, tenement, or realty before the transfer and remained on the land, tenement, or realty after the transfer.

If “YES”, the amount of the outstanding balance of this lien or encumbrance is $

YES NO

6. The DEED Recording Fee is computed as follows:

(a) The amount listed in item 4 above

(b) The amount listed in item 5 (no amount place zero)

(c) Subtract Line 6(b) and place the result.

7. As required by Code Section 12-24-70, I state that I am a responsible person who was connected with the transaction as:

8. I understand that a person required to furnish this Affidavit who willfully furnished a false or fraudulent affidavit is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

Grantor, Grantee or Legal Representative

(Connected with this transaction)

Sworn to before me this day of , 20

Notary Public for

My commission expires

PROBATE

State of South Carolina )

County of )

Personally appeared before me the undersigned witness, who on oath deposes and says that s/he saw the within named Grantor by their act and deed sign and seal the within deed and deliver the same, and s/he, with the other subscribing witness, witnessed the execution thereof.

Witness:

Sworn to before me this day of , 20.

Notary Public for

My Commission expires:

Enter text✕

What the South Carolina General Warranty Deed Is

A South Carolina General Warranty Deed is a legal document used to transfer real property ownership in the State of South Carolina. It conveys the grantor's title to the grantee and includes broad warranties that the grantor holds good and marketable title, free from encumbrances except those expressly listed. The deed typically names the parties, states the consideration, contains the full legal description of the property, and includes the signature block, notary acknowledgement, and witness attestations required by South Carolina law. Proper execution and recording complete the transfer process.

Why a General Warranty Deed Matters in South Carolina

A General Warranty Deed provides the highest level of seller assurances by promising clear title and protecting the grantee against past title defects. It simplifies title review, may improve marketability for resale or financing, and creates contractual warranties that survive closing unless specifically limited in the deed.

Why a General Warranty Deed Matters in South Carolina

Who Typically Prepares and Uses This Deed

Real estate professionals, title companies, lenders, and attorneys commonly prepare and review South Carolina General Warranty Deeds to ensure clear transfer and marketable title.

  • Real estate attorneys and title agents who draft, review, and confirm legal descriptions and lien searches before closing.
  • Lenders and mortgagees who require a full warranty deed as part of securing collateral and protecting loan interests.
  • Private sellers, buyers, and closing agents involved in residential and commercial conveyances who need formal recordable evidence of transfer.

Proper preparation reduces recording issues and post-closing disputes; parties often use counsel or title services to confirm compliance with South Carolina recording conventions.

Step-by-Step: Completing a South Carolina General Warranty Deed

Follow sequential steps to prepare, execute, notarize, and record the deed to ensure a valid transfer and protect the grantee’s title.

  • 01
    Draft Deed: Populate parties, consideration, and legal description.
  • 02
    Confirm Title: Run title search and resolve liens or exceptions.
  • 03
    Execute Signatures: Grantor signs before notary and two witnesses.
  • 04
    Record Deed: Submit deed to county recorder for indexing.

Where and How the Deed Is Submitted in South Carolina

Recording the deed puts the public on notice and completes the transfer. Submission typically occurs at the county level where the property is located.

  • County Register of Deeds: File the original executed deed for official recording.
  • Clerk Review: County clerk checks format, notary, and witness requirements.
  • Recording Fees: Pay county recording fees and transfer taxes if applicable.
  • Return Copies: Recorder returns stamped copy to designated party or mailing address.

Digital Preparation and File Format Requirements

Prepare and store deeds in accepted file types and use secure platforms for e-signature or storage when allowed.

  • File Formats: PDF, DOCX, HTML
  • Supported Integrations: Salesforce, NetSuite, Microsoft 365
  • Authentication: Email, SMS, KBA options

Where electronic execution is used, ensure the platform supports required audit trails, notarization workflows, and produces a printable, recorder-acceptable PDF.

How to Configure an Online Deed Workflow

Configure fields and signer order to match the South Carolina execution sequence and make the recorded copy machine-readable.

Field Configuration
Grantor Signature Signer 1; requires notarization and two witness attestations
Witness Fields Two distinct signer roles; initial and signature fields
Notary Block Attach notarization block with jurisdiction and notary details
Return Address Designate post-recording return recipient and mailing address

eSignature Vendor Comparison for Deed Execution and Notarization

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Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Common Risks and Consequences of an Incorrect Deed

Recording Denial: Clerical rejection or returned deed
Title Defect: Clouded title, need for corrective deed
Name Mismatch: Failure to match public records
Missing Notary: Deed may be unenforceable or unrecordable
Insufficient Witnesses: State-required attestations lacking
Tax Liability: Unpaid transfer taxes or recording fees

Practical Tips for Accurate and Efficient Completion

Use standardized practices to reduce errors and recording delays when preparing a South Carolina General Warranty Deed.

Confirm full legal descriptions
Always use the exact legal description from prior recorded instruments, including lot, parcel, and metes-and-bounds language, to avoid ambiguity and recording rejection.
Match names to ID and title
Ensure grantor and grantee names exactly match government ID and title company records; include entity designations and trustee capacities where applicable.
Include required witnesses and notary
South Carolina requires two witnesses for deeds; sign in their presence and complete the notary block to satisfy county recording requirements.
Retain proof of recording
Obtain the officially stamped recorded copy and preserve it with closing files and escrow documents for title and tax purposes.

Frequently Asked Questions About the South Carolina General Warranty Deed

Common questions address execution formalities, electronic signing, recording steps, and remedies for mistakes. Answers highlight practical next steps and typical requirements.


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