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South Carolina Deed Forms

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STATE OF SOUTH CAROLINA - WARRANTY DEED

[ Husband and Wife to Trust ]

Control Number – SC - 015 - 78

Prepared by U.S. Legal Forms, Inc.

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

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

Name:

Firm/Company:

Address:

Address 2:

City, State, Zip:

Phone:

District, Map & Parcel No.

--------Above This Line Reserved For Official Use Only-------------

WARRANTY DEED

(Husband and Wife to a Trust)

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 “Grantors”, do hereby grant, bargain, sell, and release, and by these presents do grant, bargain, sell and release unto , as Trustee of trust, dated , hereinafter “Grantee”, the following lands and property, together with all improvements located thereon, lying in the County of , State of South Carolina, to-wit:

Describe Property of State "SEE DESCRIPTION ATTACHED"

This is the identical property conveyed by deed of , Grantor(s) to and , dated , and recorded in the office of the Register of Deeds for County in Deed Book , at Page .

LESS AND EXCEPT all oil, gas and minerals, on and under the above described property owned by Grantors, if any, which are reserved by Grantors.

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 Grantee’s assigns forever, with all appurtenances thereunto belonging.

And I/we do hereby bind myself/ourselves and my/our heirs, personal representatives, and administrators, to warrant and forever defend all and singular the said premises unto the said Grantee(s), his/her/their heirs and assigns against me/us and my/our heirs, and against every person whomsoever lawfully claiming, or to claim, the same or any part thereof.

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

Signed, Sealed and Delivered
in the presence of:

Witness

Notary

Grantor

Signed, Sealed and Delivered
in the presence of:

Witness

Notary

Grantor

STATE OF

COUNTY OF

The foregoing instrument was acknowledged before me this (date) by and .

Notary Public

My commission expires:

Type or Print Name

STATE OF SOUTH CAROLINA PROBATE

COUNTY OF

PERSONALLY APPEARED before me , who, being duly sworn, deposes and says that he/she saw sign and deliver the within Warranty Deed for the uses and purposes therein mentioned and that she/he with witnessed the execution thereof.

SWORN TO BEFORE ME THIS day of , 20 .

My commission Expires:

(Connected with this transaction)

Grantor(s) Name, Address, phone:

Grantee(s) Name, Address, phone:

SEND TAX STATEMENTS TO GRANTEE

AFFIDAVIT OF TRUE CONSIDERATION

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 (date).

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 recording fee as a transfer between a corporation, partnership, or other entity and a stockholder, partner, or owner of the entity or is a transfer to a trust or as a distribution to a trust.

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

(Explanation, if required)

(IF EXEMPT, PLEASE SKIP ITEMS 4-6 AND GO TO ITEM 7 OF THIS AFFIDAVIT)

4. Check one the following if 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 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 $ .

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 is connected with the transaction as: .

8. I understand that a person required to furnish this Affidavit who willfully furnishes 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.

(Connected with this transaction)

SWORN TO BEFORE ME THIS

day of , 20 .

My commission Expires:

Enter text✕

What South Carolina Deed Forms Are and when they matter

South Carolina deed forms are standardized legal documents used to transfer real property ownership in the state. They establish the grantor, grantee, legal description of the property, consideration, and any exceptions or reservations. Deeds must be executed according to state formalities—signed, witnessed where required, and acknowledged before a notary—then recorded with the county Register of Deeds to provide public notice and preserve priority of title.

Why accurate deed forms protect transactions

A correctly completed deed secures legal title, protects against competing claims, and enables proper recording for property tax and financing purposes. Errors or omissions can delay closings, trigger recording rejections, or require corrective instruments such as affidavits or corrective deeds.

Why accurate deed forms protect transactions

Who handles South Carolina deed forms and why

Several roles commonly prepare, review, and sign deed forms during a real estate transfer.

  • Buyers and sellers completing the transaction and confirming legal names, signatures, and delivery details.
  • Title companies and closing agents who verify chain of title, prepare deed language, and coordinate recording.
  • Attorneys and escrow officers who review legal descriptions, prepare corrective instruments, and advise on tax consequences.

Each party’s responsibilities differ; confirm who prepares the initial draft and who handles recording and retention before closing.

Essential elements every South Carolina deed should include

A professional deed integrates statutory formalities and precise transactional details to avoid title defects and recording delays.

Grantor/Grantee

Full legal names of transferor(s) and transferee(s) exactly as on ID or title; avoid initials or nicknames to prevent mismatches.

Consideration

Specify monetary amount or describe 'love and affection' when applicable; clarity on consideration affects tax reporting and escrow.

Legal Description

Use the recorded plat or metes-and-bounds legal description rather than a street address to precisely identify property boundaries.

Habendum Clause

State the estate granted (fee simple, life estate) and any reservations or exceptions such as easements or mineral rights.

Acknowledgment

Notary acknowledgement block must be completed per South Carolina rules to permit county recording and public notice.

Execution Blocks

Signature lines for grantor(s), dated execution, and space for witness signatures when South Carolina requires two witnesses.

Step-by-step: completing a South Carolina deed form

Follow these basic steps in sequence to prepare, execute, and record a deed correctly in South Carolina.

  • 01
    Draft: Prepare deed with exact names and legal description.
  • 02
    Review: Confirm chain of title and any encumbrances.
  • 03
    Execute: Signer(s) sign in presence of required witnesses and notary.
  • 04
    Record: Submit the acknowledged deed to the county Register of Deeds.

Where to send and file completed South Carolina deeds

After execution and notarization, deeds are recorded at the county level and copies are shared with stakeholders to complete the transfer.

  • County Register: Record deed at the Register of Deeds in the county where the property is located.
  • Title Company: Provide a recorded copy for title insurance and closing reconciliation.
  • Lender/Servicer: Deliver recorded deed to the mortgagee if the loan requires updated collateral documents.
  • Grantee: Give the grantee or their agent the certified copy for insurance and tax purposes.

Digital signing and eSubmission considerations for South Carolina deeds

Electronic workflows can streamline preparation, but state notarization rules and county recording practices determine what can be done digitally.

  • File Formats: PDF or PDF/A preferred for recording.
  • Integrations: Supports CRM and document systems for secure routing.
  • Authentication: Use multi-factor or ID verification for signer attribution.

Confirm county Register of Deeds acceptance for electronically-produced documents and verify whether Remote Online Notarization (RON) is permitted locally; South Carolina has limited or pending RON status in some jurisdictions, so verify with the county notary commission.

Timing and practical deadlines to expect

Recording and related deadlines affect priority and tax implications; act promptly after closing to protect title and satisfy lenders.

Record Promptly:

Record as soon as possible after closing to preserve priority and public notice.

Deed Effect:

A deed is effective upon delivery and acceptance, not simply signature.

County Processing:

Processing times vary by county; expect days to weeks.

Transfer Taxes:

Documentary stamp or transfer tax may be due at recording in some jurisdictions.

Tax Reporting:

Seller reporting obligations (e.g., 1099-S) may trigger separate deadlines.

Key milestones from draft to recorded deed

Track these numbered stages to ensure the deed closes cleanly and is accepted for recording.

01

1. Draft Preparation

Assemble legal description, parties, and consideration before scheduling signing.

02

2. Signing Event

Execute deed with required witnesses and notary present; do not sign prematurely.

03

3. Acknowledgment

Notary completes acknowledgement and applies seal to permit recording.

04

4. Recording & Distribution

File with the county Register of Deeds and send certified copy to lender and grantee.

Common preparation mistakes to avoid with deed forms

  • Using an informal address instead of the recorded legal description, which can lead to recording rejections and ambiguity.
  • Mismatched grantor or grantee names between deed, ID, and title records that trigger lender or title company hold-ups.
  • Failing to leave the notary block blank for the notary’s use or permitting the notary to sign before witnessing signatures.
  • Overlooking required witness signatures in South Carolina, where two witnesses may be needed for deeds and certain powers of attorney.

Consequences of incorrect or improperly recorded deeds

Recording Rejection: Delayed title
Title Defect: Clouded title
Lender Refusal: Loan denial
Tax Exposure: Reporting issues
Corrective Costs: Correction instruments
Legal Disputes: Potential litigation

Real-world examples of digitized deed workflows

These cases show how organizations applied digital signing and secure workflows to property documents.

Martin Properties (Tim Martin)

A regional real estate firm moved closing document workflows online to speed turnarounds.

  • They executed deeds electronically with secure notary steps where permitted.
  • Tim Martin: "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Optica Ventures (Brian Fitzgibbons)

A small investment group standardized deed templates and routing to reduce errors.

  • Automation reduced manual entry and re-keying.
  • Brian Fitzgibbons: "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Comparing eSignature options relevant to South Carolina deed handling

Basic pricing and core capabilities for common eSignature providers. signNow is listed first for straightforward comparison across starting price and key features.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Plan 7-day free trial, no credit card required Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

FAQs — common questions about South Carolina deed forms

Answers to frequent questions about execution, notarization, witnessing, recording, and electronic options for South Carolina deeds.


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